Online retailers are not allowed to turn away consumers who write to an email address provided in their legal notice with an automatic rejection. The Berlin Higher Regional Court (Kammergericht) ruled on this in a legal dispute between the Federation of German Consumer Organisations (vzbv) and Amazon (Case ref.: 5 UKl 1/26). For customers, the ruling means that contacting a company via email must genuinely be possible without being forced to log into a user account.
Automated Rejections Instead of Customer Support
The proceedings originated from the online retailer’s handling of inquiries sent to the address [email protected]. Users reaching out with inquiries received an automated reply stating that no messages were accepted through this channel. Instead, Amazon directed users to internal help pages and required them to log into their personal customer accounts first. After the vzbv received the same response to a test message in November 2025, the association issued a formal warning to the company.
Although Amazon described the incident as a technical error that had since been resolved, it refused to sign a cease-and-desist declaration. Since the corporation’s EU legal representation failed to respond to the lawsuit in time and did not appear at the oral hearing, the decision from August 11 was issued as a default judgment. In the event of a repeated violation, the corporation faces a fine of up to 250,000 euros or up to six months of detention. Additionally, Amazon must cover the legal costs and pay 327.10 euros plus interest to the association. The judgment is legally binding, as no appeal was lodged.
Requirements Under the Digital Services Act
In the view of the 5th Civil Senate, such conduct violates Section 5 of the German Digital Services Act (DDG). The provision obligates operators of commercial online services to provide easily recognizable and directly accessible channels of communication. These must ensure rapid electronic contact as well as direct and efficient communication.
The judges clarified that redirecting users to gated or closed areas undermines the legally required communication channel. While businesses are permitted to pre-filter incoming messages internally using automation or process them via systems like chatbots—and are not strictly obliged to reply to every single email—accepting messages sent to the official address cannot be refused outright.
What This Means for Consumers
For users, the ruling strengthens the right to contact companies directly through digital means without an existing or active customer account. This is particularly relevant when access to one’s account has been locked or when contractual deadlines must be met. The Berlin ruling follows a decision by the Munich Regional Court I (Landgericht München I), which had ruled the previous year that purely automated rejections without any option for email communication are misleading under the German Act Against Unfair Competition (UWG).
Sources: Heise – Netzpolitik, Heise – News
