The cause of the lawsuit was an advertising message in which the explanatory note was noticeably quieter than the previous information – the size of a whisper. The Regional Court for Wales agreed with VKI and held that the advertisement was misleading. The verdict is final.
Lutz advertised on radio and television with the text “Minus 25 percent off many nice things from XXX-Lutz! Save 25% on your purchase!” The text was fast, spoken at a normal volume. At a much lower volume of a whisper came the note, spoken more quickly, and read: “Valid for almost all products with anniversary coupon.” Without increasing the volume on radio or television, this text may be poorly understood or not understood at all. And there were sweeping exceptions to the promise of discounts, such as baby seats, parquet and laminate flooring or items from certain manufacturers.
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