The BNetzA has indicated that these investigations and administrative fine proceedings are time consuming and complex. For example, the BNetzA must bring evidence showing that the caller culpably made prohibited advertisement calls. Proving such intent may require questioning multiple witnesses and a legal examination of how prior consent was obtained in each case.
Since August 2009, making unsolicited marketing calls or suppressing caller ID in Germany constitutes an administrative offense subject to fines of up to €50,000 (for calls made without prior consent) and €10,000 (for not displaying the number). Through April 2010, the BNetzA had received over 57,000 written complaints regarding unsolicited telephone advertising, and, to date, the BNetzA has completed eleven administrative proceedings resulting in fines totaling €694,000. The proceedings thus far have concerned mainly violations of the ban on cold calls and failure to display the caller’s number. Numerous investigations are pending at this time.