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The initial contact: Facsimile scam through the misuse of historical address data
The first step in facsimile scams is often unexpected contact, in which the victims are approached by phone or in person by dubious publishing representatives. A central element here is the targeted access to old address lists from former book clubs – such as Brockhaus or Bertelsmann. In the 1980s and 1990s, these publishers had millions of members who purchased high-quality encyclopedias and book series. Although these book clubs have long since been dissolved, their former customer data appears to have fallen into the hands of shady booksellers.
Especially elderly people are persuaded to buy allegedly valuable facsimiles or replicas of historical works – such as old Bibles or documents. Often under the pretext that they only need to acquire a few other rare copies for the book collection to achieve a high collector's value. Unfortunately, the unsuspecting buyers do not realize that they are being ripped off because they are actually being fobbed off with worthless fakes.
Creeping cost trap: How shady publishers systematically bind victims
A typical feature of the scam is the providers„ long-term strategy: the victims are not contacted just once, but repeatedly over months or even years—often by different publishers acting in a similar manner. The trick remains the same. At regular intervals, the publisher's representatives offer supposedly exclusive books or facsimiles, allegedly rare collector's items of high value. To fake legitimacy, buyers receive elaborately designed “certificates of authenticity„ or so-called “appraisals" with every delivery. These documents look convincing, but in reality they are meaningless. Thus, many victims gradually fall into financial dependency, investing large sums bit by bit—always in the belief that they are building a valuable collection that can later be sold for a profit.
Sales promises for a fee: The scam with the book registries
At the latest when the victims have barely any financial resources left to buy more facsimiles, the providers resort to a new trick: They claim that the book collection can be sold successfully within a short time if it is appraised beforehand and entered into a special book registry. Conveniently, the publishers„ representatives often even “offer" this service themselves—either for fees as part of subscription models or seemingly free of charge if the victims allow themselves to be persuaded into buying another book. Thus, the victims come under even greater financial pressure and continue to invest in a book collection that actually has virtually no market value.
Publishers lure, loan brokers cash in: The double burden for pensioners
Once the victims„ savings are completely depleted, the representatives keep going anyway. The next tempting “offer" follows: a loan so that perhaps yet another book can be bought or at least the supposedly sales-boosting registration in book registries can be paid for. The financing is handled by external loan brokers. Many of the victims—mostly elderly people with low pensions—do not realize what this means in the long term. The monthly loan installments are unaffordable for the victims' household budgets in the long run. In the end, rather than realizing the hoped-for increase in value through the loan-financed measures, the victims face a life-threatening financial burden.
Have claims reviewed: Why those affected should seek legal advice
For victims of facsimile scams, there are generally ways to take legal action and get the lost money back:
- Book publishers: Against the publishers involved—provided they actually exist—primarily civil law claims come into consideration for the enforcement of the data subjects' rights. In particular, a contractual rescission due to mistake, unconscionability, usury, or fraud would be conceivable. In most cases, however, the claims of the injured parties can also be based on legal grounds for damages. According to the cases known to our law firm thus far, the choice of suitable legal grounds often depends on how much time has already elapsed since the purchases.
- Loan brokers and banks: In addition, involved credit intermediaries or banks can also be held liable. Who is actually passively entitled to sue mostly depends on whether or not the credit intermediary acted exclusively for a bank as a tied intermediary. Suitable legal bases primarily include claims by those affected for damages due to inadequate information prior to conclusion of the contract or restitution under the law of unjust enrichment due to unconscionable lending.
- Criminal law dimension: In particularly severe cases, even criminal charges against individual persons involved may be considered, for example if there is suspicion of fraud. In such cases, filing a report with the local police is advisable.
Whether and to what extent claims specifically exist should always be examined on a sound legal basis and can certainly vary in individual cases. We would be happy to examine your individual claims and, upon request, handle the coverage inquiry with your legal protection insurance.
For further information and individual consultation, please feel free to contact us Roman Taudes and his team are available at any time. Contact us at office@atb.law or by phone at +43 1 39 123 45.
