We are often contacted by companies looking to defend themselves against unwanted sales calls. This time, however, it was different:

What happened? 

Our client was receiving calls from an individual using a withheld number who repeatedly harassed our client’s female employees with sexually explicit content. Our client’s staff felt—rightfully—severely harassed and were, in some cases, afraid to answer new calls. This was a serious violation of the rights of our client and their employees.

To protect them, we arranged for amalicious call identification serviceto be set up to identify the line owner. Many people are unaware that this service can be activated within a few hours, even without filing a criminal complaint, to defend against harassing calls. You do not have to wait for the police or public prosecutor to take action.

Once the line owner was identified, we sent a formal cease-and-desist letter on behalf of our client. The individual complied and signed the required undertaking to cease the behavior.

In this case, it was not necessary to pursue the client's claims in court.

This demonstrates that

phone harassment is not just a private issue—companies are also increasingly facing harassing or threatening calls.

To defend yourself quickly and effectively against harassment, you should establish protocols and identify points of contact in advance. The following Do’s & Don’ts can help with this.

Do’s & Don’ts for dealing with harassing calls

Do’s: 

• Identify points of contact in advance and establish a protocol for handling harassing calls.
• If it happens: Secure evidence (detailed call logs with timestamps, transcripts, witnesses) and document the harassment (content and frequency of calls).
• Seek help early (whether from a specialized lawyer or the police).
• Consider both civil and criminal legal action, and do not hesitate to file a criminal complaint if necessary (e.g., under Section 238 of the German Criminal Code).
• Identify the harasser; telecommunications providers can assist with this.

Don’ts:

• Do not ignore the problem – repetition can lead to escalation. 
• Do not react impulsively or take matters into your own hands when dealing with the caller. 
• Do not forgo external help – even a letter from a lawyer or a police intervention can be effective. 
• For employers: Do not neglect your duty of care; protect your employees.

Conclusion: 
Harassing phone calls are not just a private matter. Affected companies and individuals are not helpless. When it comes to phone harassment, there are effective legal remedies available – ranging from technical investigation to legal sanctions.

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Maximilian Beiche and Dr. Lars Siebert

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