Legal Literature detail
||Reference||DCCR 2011, n° 91, 91|
|Country||Belgium||Legal Literature date||2011|
|Author||R. STEENNOT||Author initial|
|Title EN||A telecom operator unable to proof consumer consent, cannot request payment for its services||URL EN||N/A|
|Title NL||Telecomoperator die niet kan bewijzen dat de consument zijn toestemming heeft verleend, kan geen betaling verlangen||URL NL||N/A|
|Keywords||black list, inertia selling, proof of intention, unordered product, unwanted solicitations|
In this article the author discusses the judgment of the Justice of the Peace of 5 October 2011, in which it was held that a telecom operator must proof that the consumer has consented with receiving certain telecom services. After having reminded the general rules on inertia selling, the author approves the judgment of the court and points out that according to Belgian law, the sanction of inertia selling is that the consumer may keep the product received, free of charges. In addition, it is approved that the telecom operator has the burden of proof to indicate that a consumer has consented to the delivery of services.