On 13 February 2007 Construct Data Verlag signed an out of court settlement with the Schutzverband Gegen Unlauteren Wettbewerb (representing Austrian commercial interests in relation to unfair competition).  The initial defence from Construct Data (who are behind the ‘Fair Guide’) was that the Schutzverband represents Austrian commerce and could therefore not act on behalf of companies outside the country.  The Schutzverband for their part argued that CDs activities were so damaging to Austria’s reputation as to constitute a cause for concern to all Austrian businesses. The Schutzverband won this important argument and at this point CD settled out of court, essentially acceding to all the Schutzverband’s main demands. Despite this agreement CD have continued to mail 'new look' contracts and continue to demand payment. 

Following more recent action by the Schutzverband, CD signed a further agreement on 21st February 2008.

Summary of new undertaking:

1. Construct Data will cease mailing misleading forms from Austria to the EU, Switzerland and EWR (affiliate States of the EU like Liechtenstein)

2. Any persons who dispute the Contracts, regardless of the date of signing or their location can now cancel.

3. Complaints received by the Schutzverband will be forwarded to Construct Data and contracts annulled.

4. Construct Data may continue to demand money from persons who have made a payment, even if they disputed the contract and paid under duress, (however experience shows us that when people make payments and then refuse further demands, Construct Data does not go to court).

5. Construct Data are free to mail forms from Outside Austria