How to react in the event of unwanted or abuse of preselection?

You can check the preselection status of your connection by dialling the free number 0868 868 868.

Cooling-off period

If you concluded the preselection contract concerned by telephone and if the total services during the minimum term of the contract amount to more than CHF 100, you can cancel it with the provider within 14 days without any formal requirement, unless you have explicitly requested the contract negotiations. Since in the event of a dispute you must provide proof that you have cancelled the contract within the time limit, we recommend sending written cancellation by registered mail. The 14-day cooling-off period begins as soon as the contract has been concluded and you have been informed by the provider in writing or in some other form which provides textual proof of the form and time limitation of cancellation.

At the same time, you should submit a preselection request to your current provider or another provider of your choice, in order to avoid possible interruptions in telephone service. In the event of disputes concerning cancellation of contracts, contact the ombudscom Foundation, the dispute resolution service for telecommunications, or the competent judicial authorities (arbitration authority or competent civil court).

Abusive preselection

If you are unsure whether you have concluded a preselection contract or if the above-mentioned time limit has expired, we recommend the following action:

  • Check whether you have concluded a contract without realising this and whether this contract binds you to the new provider for a specific time.
  • From the undesired telecommunications service provider, demand in writing that they send you proof of your preselection request (a copy of the written contract, the recording of the preselection request and of the conversation in the case of a cold call) within 10 working days.
  • If the provider is not able to provide you with this proof within 10 working days, it is obliged to take all necessary steps to re-instate the original preselection status of your connection. If it refuses to do so, you can inform OFCOM of this in writing so that it can examine the possibility of taking legal action against this provider in the form of surveillance measures.
  • If you consider that the proof provided is valid, you can still cancel the contract, preferably in writing by registered mail. However, you must comply with the relevant cancellation period. If need be, you can also challenge the contract as non-binding due to error or deliberate deception. Do not forget to submit a fresh application for preselection with the provider of your choice, even if it is Swisscom. Otherwise, you risk no longer having a telephone line on the due date of the preselection contract which you have cancelled.
  • If the provided proof seems to you to be invalid, you may contact the ombudscom Foundation, the dispute resolution service for telecommunications, which can help you to settle the dispute without having to take legal action.
  • You can also take action in the competent civil or criminal courts and in courts where you live or where the provider is based. The same applies in the case of any violations of the law against unfair competition (abusive marketing, misleading advertising, etc...). Where necessary, take legal advice.

Specialist staff
Last modification 25.02.2016

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