Many so-called coachees – that is, clients of online coaching services – are familiar with this situation: During the purchase process, it appears that the right of withdrawal expires immediately upon ticking a box. This is precisely where a class-action lawsuit against CopeCart GmbH comes in, which could give those affected renewed support. (Verbraucherzentrale.de)
What is the trial about?
The Federation of German Consumer Organizations (vzbv) has filed an injunction (case no. 5 UKl 4/25), which will be decided by the Berlin Court of Appeal. The case stems from a so-called mandated action by an Austrian authority under the CPC Regulation for the cross-border enforcement of consumer rights. (Verbraucherzentrale.de)
What allegations are being made?
Specifically, the complaint concerns wording in the ordering process on copecart.com. Consumers are informed there that their right of withdrawal allegedly expires as soon as they agree to the immediate commencement of the service. The plaintiffs want this wording to be discontinued.
Why is this relevant for those affected?
An injunction does not directly lead to refunds for individual customers. However, it can challenge key sales methods. If instructions regarding cancellation or ordering are unlawful, this often strengthens the legal position of those affected when seeking refunds or defending against such claims.
Further support from case law:
In a separate proceeding, the Berlin II Regional Court has already prohibited CopeCart from providing consumers with misleading information about their right of withdrawal and from aggressively inducing them to make additional purchases during the ordering process (Judgment of February 11, 2025, Case No. 15 O 287/24; appeal pending). (Federation of German Consumer Organizations)
What those affected can do now
- Save Documents: Order Pages, Checkbox Texts, Emails, Payment Receipts and Service Descriptions.
- Have your right of withdrawal or refund reviewed: Contract content, procedure and communication are decisive factors.
- Pay attention to deadlines: Different limitation periods apply depending on the claim.
The law firm Cocron GmbH & Co. KG (Munich/Berlin) examines potential claims against providers and/or payment service providers for affected coachees and supports them in a strategically sound enforcement.
