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The Federal Court supports the telecom provider’s controversial approach – even if it annoys consumer advocates.
If you want to cancel your cell phone subscription or Internet connection with Sunrise, you must do so by phone or chat. This is a nuisance for many customers – and legally controversial. While verbal terminations are valid in many types of contracts, they are generally more difficult to prove.
Lawyers advise their clients to always terminate a contract in writing. But that’s exactly what Sunrise prohibits. The second largest telecommunications company in Switzerland wants customers to cancel by phone or chat.
The Federal Court will not hear the appeal
It is now clear that Sunrise can continue to do so. Switzerland’s highest court in Lausanne did not respond to a complaint from a disgruntled customer. However, it is not yet clear exactly why. The written reasons for the judgment are still pending.
The lower courts had argued that Sunrise was not abusing its position of power through the oral termination provision to such an extent that it could be assumed that there was a violation of the law against unfair competition.
Unsatisfied consumer protection
From a consumer protection perspective, this case law is annoying. Sara Stalder from the Foundation for Consumer Protection sees it every day in her consultations that customers are annoyed about cancellations over the phone because, for example, they are stuck on hold for ages.
When customers call to cancel, they are asked again to stay with Sunrise.
And: “If they make a phone call, they will be contacted again, but if they stay with Sunrise, they will make them a better offer.” Sunrise is obviously trying to influence customers through contact so that they stay with the provider.
Stalder is now placing her hopes in politics: Parliament must finally agree to the pending motion that wants to ban such restrictions on forms of termination.
Sunrise: easier for both sides
Other providers show that there is another way: At Swisscom, for example, you can also cancel in writing by letter, as a spokeswoman confirmed. And after protests from consumer protection, Salt reintroduced the possibility of written termination at the end of 2021.
Sunrise spokesman Rolf Ziebold explains why Sunrise still insists on banning written termination: “This is beneficial for both parties – the vast majority of customers welcome this type of termination.”
Ziebold continues that it is not true that many people get stuck in a waiting queue. The majority of cancellation calls are answered within 30 seconds.