Hello.

I would really appreciate it if anyone could help me on this issue since I am fairly new to Switzerland. I received a bill from Obligo AG (CH 79.90) for a service rendered by a company they identified as "Smiles Solutions AG" (Dammstrasse 19, 6301 Zug). This company has been using this number 0848111484 to send me text messages about people who have sent me messages, and they add a link in the text message where I can see the actual messages. I clicked on it the first time, and saw pornographic content and did not even stay on the site up to 2 seconds. Just like the tinder situation, where you click on the link in a chat and see it has pornographic content and you log out immediately. I never clicked on any of their links in any of their messages afterwards, because by now, I already knew the content.

I got a call from this company that I had ordered their service, and subscribed to it (apparently by just clicking on the link to an unsolicited text message they sent me). I told them I did not order any service. Their representative told me she could see my login details, when I logged in, how long I stayed on the site and exactly what I did. In fact I encouraged her to do this, because she would see my exact activity. She clearly knew all of this already from her tone of voice and apparently pre-prepared responses to my queries, and she said I would be receiving a brochure and I could decide to proceed or call the number on the form and cancel my order (which I did not make in the first place).

Next thing I know they send me a bill through Obligo AG. I called Obligo AG, and explained to them and they agreed to cancel the bill. The representative actually told me that the bill had been cancelled. Then I called Lebara, and complained and they said they never solicit such messages for their customers on behalf of anyone.

After 3 weeks of the bill being cancelled (by Obligo AG), I received another bill from Obligo AG, this time with a penalty (CHF 94.90 total). I called them again, and one of their representatives told me the proper way to do it is not to call but to send an email that I do not want to use the service and that I want to cancel the bill. This would mean I would not have to pay the bill. I actually have evidence of this conversation, considering that Obligo AG had apparently forgotten that they had cancelled the bill the first time. I did send the email to cancel the bill. 

Now Obligo AG is telling me to pay up the initial bill which they cancelled in the first place, and if I have any issues with the service that was rendered I should contact Smiles Solutions AG through [email protected] , or call their hotline (0445852335). I have sent several messages to [email protected] and [email protected] (which was provided to me by Obligo AG). These people have never responded to a single message. I asked them to clarify what service I ordered, subscribed to, or used. They told me the first time that I would be receiving a brochure to proceed with the order or to cancel, and then they send me a bill??? They never activated any mobile subscription on my phone, nor did they inform me of their intention to do this. They only told me in the first call that I was using the service , without having provided me with the platform to even use the mobile service. According to Obligo AG, they will only send a bill if they can confirm there was offer and acceptance, leading to a contractural obligation to pay. Is it possible that a company like Obligo AG has failed to understand that this was simply solicitation??? It is more of extortion than an actual legally binding contract with offer and acceptance. I dont know if that is how the system works in Switzerland, or that this is a one-off.

Smiles Solutions AG apparently informed Obligo AG that I had ordered mobile services from their organisation, and it surprises me that Obligo AG is willing to send a bill on this evidence and then tell the client that 'we are just sending you a bill which you must pay. If you are unhappy with the service, contact the service provider'. It seems very wrong, that Obligo AG has a statement on their website that says they only send bills if they can confirm that there was offer and acceptance, and they would gladly send a bill in this case (after they had initially cancelled it), and again told me to send an email for the bill to be cancelled a second time. It sounds to me like Obligo AG actually knows the nature of this issue, or that they have been dealing with it a lot. This feels very much like extortion.

This Company Smiles Solutions AG should provide terms and conditions which must be read by the potential client and then agreed to for a contractural obligation to exist. They simply send unsolicited text messages to your phone about someone wanting to contact you, and when you click on the link, they send you a bill for CHF 80????? That doesn't look right to me. I told them to stop sending me messages by the way.

I don't know if this is how the system works here. I want to know if this is even legal in Switzerland for a service provider, and the best way forward.

Thank you very much. Cheers.