Federal Court must deal with proceedings on sex movie subscription traps
Published: Thursday, Mar 21st 2024, 13:50
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The Federal Supreme Court has to deal with criminal proceedings relating to sex movie subscription traps. After the Cantonal Court of Schwyz refused to hear an appeal by the federal government and the French-speaking Swiss consumer organization FRC, the FRC is now appealing to the Federal Supreme Court.
The State Secretariat for Economic Affairs (Seco), on the other hand, has decided not to take this course of action, as it announced on Thursday. The proceedings have now been ongoing for ten years. Based on several complaints, Seco filed charges against those responsible in the canton of Schwyz in 2014, including Obligo AG.
According to the public prosecutor's office, consumers were deceived into taking up a free offer. After three days, however, this was automatically converted into a paid subscription. Obligo AG asserted claims for money that came about due to a non-transparent ordering process on the cell phone, Seco wrote in its criminal complaint.
According to its own statements, it submitted more than sixty complaints as evidence and argued that the potential damage to those affected was rather high. The cantonal court had not accepted the appeal because, among other reasons, Seco's right to appeal had not been established.
The consumer organization FRC, which also lodged the appeal, intends to take the "Obligo case" to the Federal Supreme Court, as it wrote. The Schwyz cantonal court dismissed the appeal on formal grounds and did not address the allegations on the merits.
In the first instance, those responsible were acquitted by the Schwyz District Court.
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