Picture: T. Schneider / shutterstock.com
When the housing market becomes a retail space
Looking for an apartment is often a full-time job these days - especially in big cities. Competition is fierce, nervousness is high and desperation is sometimes even greater. This is precisely the situation that ImmobilienScout24 slid into with a supposedly helpful additional offer: for just under 30 euros, people looking for an apartment could purchase a "SCHUFA credit check" directly via the platform. And the advertising made it sound as if this step was almost mandatory - preferably right before the viewing.
It is now clear: this scam is illegal. Following a complaint by the Federation of German Consumer Organizations (vzbv), the Berlin Regional Court has ruled that the advertising for the fee-based creditworthiness check is misleading - and in breach of applicable law.
No obligation to use SCHUFA for the inspection
ImmobilienScout24 had advertised with statements such as: "Landlords are increasingly asking for a SCHUFA credit check at the viewing stage." Or: "The SCHUFA information is an important part of the application portfolio."
The message was clear: if you can't provide this information, you're in a bad position. But that's not true - at least not legally.
The court made it clear that a credit report may be requested at the earliest when the rental agreement is actually about to be concluded - not on the first visit or when walking through the door. And yes, even if many applicants voluntarily bring such documents with them: That's their choice, not a must. However, the advertisement created precisely this false impression - and thus deliberately exploited the distress of those looking for an apartment, according to the consumer advice center.
And as if that wasn't enough: data protection mishap included
But it wasn't just the advertising that was on trial. The way in which personal data was processed on the portal was also criticized by the Berlin Regional Court - and declared unlawful.
Users could use an online form to provide information such as net income, job status or even smoking habits. ImmobilienScout24 advertised with phrases such as "secure" and "data protection-compliant" - but according to the court, there was no clear, voluntary consent as required by the General Data Protection Regulation (GDPR).
In plain language: anyone who filled out the form had to expect that sensitive data would be processed - without knowing on what legal basis. A double whammy for the portal, which likes to position itself as a modern and reputable service provider.
Misleading remains misleading
House hunting is already nerve-wracking enough. If you are then sold overpriced additional products and type your personal data into dubious forms, you become a pawn in a system that has long been out of control.
This ruling is therefore an important signal: even large platforms are not above the law. And data protection is not an advertising slogan, but a fundamental right. Anyone who forgets this will rightly be taken to court.
