McDouchevorhang

Absolutely. Unsolicited e-mail constitutes an unconscionable pestering pursuant to § 7 UWG (Gesetz gegen den unlauteren Wettbewerb - Act against unfair competition). The receiver is infringed in their general right to privacy and can require the perpetrator to sign a cease-and-desist declaration or, if one isn't issued, bring an action for an injunction, § 1004 BGB (Civil Code).

A big difference between German an US law are the damages. German law doesn't know the concept of punitive damages. Per principle, only damages that actually accured can be claimed. In case of the infringed right being an intangible right, the infringement has to severe. An example is slander or false and insulting media coverage. One does not get damages because of unsolicited e-mails.

The fact, that no damages are granted, takes away a great deal of the motivation to require an injunction. Unless one is an attorney oneself and can claim one's own fees... ;-)

If you do issue a subpoena, is the provider legally obligated to disclose the full name and address of the company? Can they invoke data protection?

Greetings, my learned friend!

I had a couple of similar cases in Germany, unsolicited e-mails though. They are just as illegal as unsolicited calls here - how is the situation where you reside?

How do you find out what company actually called? Is there a way to find out? Does the telephone company or a government body have to give you the holder of a certain number?

Did you quit other people's jobs as well?