Receipt of a warning from lawyer Lutz Schroeder, acting on behalf of Ramona Thalkofer

I have received a warning letter under competition law issued by Kiel attorney Litz Schroeder on behalf of Ramona Thalkofer. Ramona Thalkofer allegedly trades cosmetic products on eBay and currently has approximately 3,000 active listings and approximately 8,000 reviews.

I'm being accused of possibly trading as a business, even though I presented myself as a private seller on eBay. This matter requires further investigation, particularly regarding the number and regularity of my sales.

Such conduct could be considered unfair under Section 3 (3) of the German Unfair Competition Act (UWG) (see Appendix 23). The warning letter demands the submission of a cease-and-desist declaration and the payment of warning costs amounting to EUR 953.40 (for a value in dispute of EUR 15,000).

If you have also received a cease-and-desist letter from Ramona Thalkofer, I am happy to assist you. You can contact me by phone, email, or leave me a message using the messaging function. I strongly recommend seeking legal advice and not hastily signing the pre-written cease-and-desist letter without fully understanding the consequences.

The distinction between private and business transactions is complex and depends on several factors, including the frequency of transactions, the quantity of items sold, and the intention to make a profit. For example, the simultaneous sale of many identical new items often indicates business transactions.

Selling goods on platforms like eBay can be legally complex. The distinction between private and business sales is often difficult, and violations of competition law can have serious consequences. We are here to help and support you in this matter. You can reach us via our contact form or by phone.

1. Thoroughly review the warning letter: Review the warning letter carefully and collect all relevant documents and information.
2. Obtain legal advice: Before you react, consult a specialized lawyer to accurately assess your situation and discuss the best courses of action.
3. Compliance with deadlines: Do not miss the deadlines specified in the warning letter to avoid legal action.
4. Cease and desist letter: A cease and desist letter is usually required. Before signing, consult with a lawyer familiar with competition law.
5. Coverage of costs: Clarify early on whether and to what extent you will have to cover the legal costs.
6. Communication: Ideally, all communication with Lutz Schroeder Law Firm should be conducted through your attorney to avoid potential errors.

Recommended course of action: Since issuing a cease and desist declaration can have legal consequences, it is advisable to examine this decision thoroughly and, if necessary, consider an amended declaration.