September 11, 2025, 3:26 pm | Read time: 3 minutes
How far can an online portal go in promoting additional services like credit checks? And what data can be collected in the process? The Berlin Regional Court has set clear boundaries in a recent ruling—with significant consequences for Immoscout24.
Court Bans Misleading Advertising at Immoscout24
ImmobilienScout24 had offered a paid SCHUFA credit check on its platform for 29.95 euros. The product was advertised with statements such as:
- “Landlords increasingly require a SCHUFA credit check even during viewings. Easily prove your reliability with us.”
- “Especially in large cities with limited housing supply, viewings resemble a job interview, where potential tenants bring a folder with all relevant personal documents. The SCHUFA report is an important part of this application folder.”
According to the Federation of German Consumer Organizations (vzbv), these statements falsely suggested that landlords could demand a credit report during the initial viewing. However, this is not legally permissible. While the tight housing market prompts many applicants to prepare such documents early, a legal requirement for a SCHUFA report only exists shortly before signing the lease.
The Berlin Regional Court agreed with this assessment: The statements were misleading as they gave a false impression of the legal framework. Although the portal included a note on the actual legal situation, it was less prominently placed than the advertising claims. Thus, the court fully upheld the consumer protection group’s lawsuit.
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Unauthorized Processing of Personal Data
In addition to the advertising issue, the court also addressed the company’s handling of personal data. After registering on immobilienscout24.de, users could fill out an online form for a so-called “self-disclosure,” providing numerous personal details—including employment status, income, or smoking habits. These details could be added to the user’s profile.
The portal advertised this with the statement: “The digital self-disclosure from ImmobilienScout24 is secure, data protection compliant, and helps the provider get a better picture of you.”
However, the court found no legal basis for processing this sensitive data. In particular, there was a lack of voluntary and explicit user consent, according to the ruling. Therefore, the data processing was deemed unauthorized.
Providers Must Not Exploit the Plight of Seekers
“Apartment seekers should not be misled into purchasing additional products, like a SCHUFA report, through deceptive claims,” emphasizes Ramona Pop, board member of the Federation of German Consumer Organizations. The real estate portal must ensure fair conditions. “The provider must not exploit the seekers’ plight unfairly,” warns the consumer advocate.
The ruling of the Berlin Regional Court II from June 19, 2025 (Case No. 52 O 65/23) is not yet legally binding. ImmobilienScout GmbH has appealed to the Berlin Court of Appeal (Case No. 5 U 63/25).