WKDA GmbH: Difference between revisions
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Concerns raised regarding WKDA's service flow include: | Concerns raised regarding WKDA's service flow include: | ||
*'''User expectations vs. actual process''' – YouTube advertisements create the impression that a user will receive a final sale price quickly after basic input, or at least a first automated estimate. In practice, the process requires multiple additional steps including personal data entry and email confirmation on the user's side, as well as probable manual review on WKDA's side since less prominent video publications suggest it takes up to a business day to receive the valuation. | * '''User expectations vs. actual process''' – YouTube advertisements create the impression that a user will receive a final sale price quickly after basic input, or at least a first automated estimate. In practice, the process requires multiple additional steps including personal data entry and email confirmation on the user's side, as well as probable manual review on WKDA's side since less prominent video publications suggest it takes up to a business day to receive the valuation. | ||
*'''Data transparency''' – Users must provide detailed vehicle information over multiple steps and some personal information before any valuation is disclosed, including email address, ZIP code, phone number (optional), and asking price<ref name="thought1">Requiring users to input an asking price (despite advertising a service that promises to determine the final sale value) feels disingenuous, as it shifts responsibility onto the user for establishing a figure the platform claims to objectively provide. This undermines trust, suggesting that the "valuation" may be influenced by user input rather than an independent market-based assessment.</ref>. The online form expands progressively, beginning with brand, model, and registration year. As users continue, more fields appear and the "view valuation" button moves further down. Eventually, users must submit their email under the heading "'''Dein Angebot wartet! Gib deine E-Mail an und greif jederzeit darauf zu.'''" (Your offer awaits! Provide your email and access it any time.) — along with mandatory consent to receive marketing communications. | * '''Data transparency''' – Users must provide detailed vehicle information over multiple steps and some personal information before any valuation is disclosed, including email address, ZIP code, phone number (optional), and asking price<ref name="thought1">Requiring users to input an asking price (despite advertising a service that promises to determine the final sale value) feels disingenuous, as it shifts responsibility onto the user for establishing a figure the platform claims to objectively provide. This undermines trust, suggesting that the "valuation" may be influenced by user input rather than an independent market-based assessment.</ref>. The online form expands progressively, beginning with brand, model, and registration year. As users continue, more fields appear and the "view valuation" button moves further down. Eventually, users must submit their email under the heading "'''Dein Angebot wartet! Gib deine E-Mail an und greif jederzeit darauf zu.'''" (Your offer awaits! Provide your email and access it any time.) — along with mandatory consent to receive marketing communications. | ||
*'''Email consent bundling''' – To proceed, users must agree to receive marketing emails alongside the valuation. This requirement is not mentioned in the advertisements. | * '''Email consent bundling''' – To proceed, users must agree to receive marketing emails alongside the valuation. This requirement is not mentioned in the advertisements. | ||
*'''Difficult unsubscription''' – The first confirmation email lacks an unsubscribe link, despite the FAQ claiming that '''every''' email includes such an option. Options to unsubscribe via the user portal could not be found, while using the link from the sign-in verification code email lead to an 403 permission error. Unsubscribing only seems to work after receiving an actual ''marketing'' email, at which time users may already refrain from attempting again. | * '''Difficult unsubscription''' – The first confirmation email lacks an unsubscribe link, despite the FAQ claiming that '''every''' email includes such an option. Options to unsubscribe via the user portal could not be found, while using the link from the sign-in verification code email lead to an 403 permission error. Unsubscribing only seems to work after receiving an actual ''marketing'' email, at which time users may already refrain from attempting again. | ||
*'''No option to delete''' - After using the unsubscribe link from the marketing email, login credentials and entered car information persist with no apparent way to delete the account or remove/modify the stored email address or remove the stored car or its information. | * '''No option to delete''' - After using the unsubscribe link from the marketing email, login credentials and entered car information persist with no apparent way to delete the account or remove/modify the stored email address or remove the stored car or its information. | ||
*'''Disproportionate liability''' – Under WKDA’s [https://content.wirkaufendeinauto.de/static/car_images/202210_Allgemeine%20Gescha%CC%88ftsbedingungen%20WKDA%20GmbH%20%281%29.pdf Terms and Conditions] (AGB, Art. C.3 and I.1), users are fully liable for any discrepancies in the vehicle information they provide, even if such features are not obvious or known to non-experts. At the same time, WKDA limits its own liability to cases of intent or gross negligence and excludes responsibility for damages caused by minor negligence unless these concern essential contractual obligations (AGB, Art. I.2–3, I.5). This creates an imbalance, shifting risk to the consumer while insulating the platform from most consequences of its own conduct. | * '''Disproportionate liability''' – Under WKDA’s [https://content.wirkaufendeinauto.de/static/car_images/202210_Allgemeine%20Gescha%CC%88ftsbedingungen%20WKDA%20GmbH%20%281%29.pdf Terms and Conditions] (AGB, Art. C.3 and I.1), users are fully liable for any discrepancies in the vehicle information they provide, even if such features are not obvious or known to non-experts. At the same time, WKDA limits its own liability to cases of intent or gross negligence and excludes responsibility for damages caused by minor negligence unless these concern essential contractual obligations (AGB, Art. I.2–3, I.5). This creates an imbalance, shifting risk to the consumer while insulating the platform from most consequences of its own conduct. | ||
==Incidents== | ==Incidents== | ||
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WKDA’s advertising campaign promotes a highly simplified online process: | WKDA’s advertising campaign promotes a highly simplified online process: | ||
*In [https://www.youtube.com/watch?v=2r-3LD_rcfA Ad #1]<ref name="ad1"></ref> an alleged user claims: ''"Ich bekam bequem online und super schnell einen garantierten Preis"'' (“I received a guaranteed price online, conveniently and super quickly”) — the screen shows a final price directly revealed after entering very little, basic information. | * In [https://www.youtube.com/watch?v=2r-3LD_rcfA Ad #1]<ref name="ad1"></ref> an alleged user claims: ''"Ich bekam bequem online und super schnell einen garantierten Preis"'' (“I received a guaranteed price online, conveniently and super quickly”) — the screen shows a final price directly revealed after entering very little, basic information. | ||
*In [https://www.youtube.com/watch?v=niVxE3cp9LA Ad #2]<ref name="ad2"></ref> the narrator states: ''"Gib online deine Autodetails ein und schon erhältst du den finalen Verkaufspreis"'' (“Enter your car details online and you'll immediately receive the final sale price.”) <ref name="thought2">Note: in German, the word “''schon''” in phrases like “Just do X and ''schon'' you get Y” ''implies'' that something happens ''immediately and effortlessly'' — as if no further steps are needed. It creates the impression of a quick, automatic result. In English, this feeling is often captured with phrases like “Just like that”, “Right away” or “And Y is yours”. However, immediacy is just ''implied'' and not stated ''explicitly'', which would be “''sofort''” in German.</ref> — the screen shows a final price directly revealed after entering very little, basic information. | * In [https://www.youtube.com/watch?v=niVxE3cp9LA Ad #2]<ref name="ad2"></ref> the narrator states: ''"Gib online deine Autodetails ein und schon erhältst du den finalen Verkaufspreis"'' (“Enter your car details online and you'll immediately receive the final sale price.”) <ref name="thought2">Note: in German, the word “''schon''” in phrases like “Just do X and ''schon'' you get Y” ''implies'' that something happens ''immediately and effortlessly'' — as if no further steps are needed. It creates the impression of a quick, automatic result. In English, this feeling is often captured with phrases like “Just like that”, “Right away” or “And Y is yours”. However, immediacy is just ''implied'' and not stated ''explicitly'', which would be “''sofort''” in German.</ref> — the screen shows a final price directly revealed after entering very little, basic information. | ||
*In [https://www.youtube.com/watch?v=giuwr5NoMZY Ad #3]<ref name="ad3"></ref> the interface shows fields for brand, model, and first registration only. After clicking "'''Kostenlos bewerten'''" (“Evaluate for free”), the input form animates and flips to instantly reveal "'''Deine Bewertung – 12.500 €'''", followed by a form for booking an appointment. No mention of needing an email address or further steps is shown. | * In [https://www.youtube.com/watch?v=giuwr5NoMZY Ad #3]<ref name="ad3"></ref> the interface shows fields for brand, model, and first registration only. After clicking "'''Kostenlos bewerten'''" (“Evaluate for free”), the input form animates and flips to instantly reveal "'''Deine Bewertung – 12.500 €'''", followed by a form for booking an appointment. No mention of needing an email address or further steps is shown. | ||
*In [https://www.youtube.com/watch?v=Vfm_vYylhdU Ad #4]<ref name="ad4"></ref> the very first, basic inputs are shown on a smartphone screen and a simple tap on the "Weiter" (“Next”) button instantly reveals the valuation price. | * In [https://www.youtube.com/watch?v=Vfm_vYylhdU Ad #4]<ref name="ad4"></ref> the very first, basic inputs are shown on a smartphone screen and a simple tap on the "Weiter" (“Next”) button instantly reveals the valuation price. | ||
*In [https://www.youtube.com/watch?v=jobJYpoo5G4 Ad #5]<ref name="ad5"></ref> the very first, basic inputs are shown on a smartphone screen and a simple tap on the "Weiter" (“Next”) button instantly reveals the valuation price. | * In [https://www.youtube.com/watch?v=jobJYpoo5G4 Ad #5]<ref name="ad5"></ref> the very first, basic inputs are shown on a smartphone screen and a simple tap on the "Weiter" (“Next”) button instantly reveals the valuation price. | ||
*In the [https://www.youtube.com/watch?v=fYjEqNd3sC0 Video "Auto von Zuhause verkaufen"]<ref name="vid1"></ref> the instructions say: ''"Ergänze '''nach''' der Online-Bewertung noch fehlende Fahrzeugdetails"'' (“Complete missing vehicle details '''after''' the online valuation”), with a smartphone screen showing ''"Online-Bewertung für deinen BMW 320i Touring – 13.650 €"'' (“Online valuation for your BMW 320i Touring - €13.650”) | * In the [https://www.youtube.com/watch?v=fYjEqNd3sC0 Video "Auto von Zuhause verkaufen"]<ref name="vid1"></ref> the instructions say: ''"Ergänze '''nach''' der Online-Bewertung noch fehlende Fahrzeugdetails"'' (“Complete missing vehicle details '''after''' the online valuation”), with a smartphone screen showing ''"Online-Bewertung für deinen BMW 320i Touring – 13.650 €"'' (“Online valuation for your BMW 320i Touring - €13.650”), indicating that the established terminology of "Online-Bewertung" means the user receives an instant (maybe automatic) valuation/price and that this happens '''before''' further details need to be provided (like some additional specifications, condition and finally photos). However, the video goes on to explain a more elaborate process and thereby contradicts the impression conveyed by the advertisement videos. While the video "Auto von Zuhause verkaufen"<ref name="vid1"></ref> states the process in more detail, it does not appear to be used as a YouTube ad and was only discovered during research for this article. Further this video clarifies that the vehicle must be physically brought to a branch location for verification, where employees assess whether the submitted information accurately reflects the car's actual condition, potentially affecting the quoted price. The presentation of a "final price" and "guaranteed price" in the ads creates the impression of a binding offer, when in fact the price still seems to be subject to verification and possible adjustment. While in general there is nothing wrong with a price change on final inspection, this deepens the impression of misleading advertisement. | ||
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Despite the implication of immediacy, users report the actual process as follows: | Despite the implication of immediacy, users report the actual process as follows: | ||
*After an initial basic form, which expands progressively, users are prompted for an email address and marketing consent before proceeding. | * After an initial basic form, which expands progressively, users are prompted for an email address and marketing consent before proceeding. | ||
*Clicking '''"Bewertung ansehen"''' (“View valuation”) does not show a valuation but redirects to email confirmation. | * Clicking '''"Bewertung ansehen"''' (“View valuation”) does not show a valuation but redirects to email confirmation. | ||
*After confirming, users do not receive any valuation but must provide additional information (including, but not limited to, ZIP code, VIN, and asking price<ref name="thought1"></ref>). | * After confirming, users do not receive any valuation but must provide additional information (including, but not limited to, ZIP code, VIN, and asking price<ref name="thought1"></ref>). | ||
*Only then can they click "''Endgültigen Verkaufspreis anfragen''" (“Request final sale price”) — indicating that no valuation has been shown yet and instead “will be requested”. | * Only then can they click "''Endgültigen Verkaufspreis anfragen''" (“Request final sale price”) — indicating that no valuation has been shown yet and instead “will be requested”. | ||
*As the reporter lost trust and patience at this point it remains unclear at which point they might have actually received a valuation for their car. The video "Auto von Zuhause verkaufen"<ref name="vid1"></ref> suggests that further inputs will be required after this point - like adding photos (step 3 in the video). | * As the reporter lost trust and patience at this point it remains unclear at which point they might have actually received a valuation for their car. The video "Auto von Zuhause verkaufen"<ref name="vid1"></ref> suggests that further inputs will be required after this point - like adding photos (step 3 in the video). | ||
These steps are presented differently or in a different order<ref name="vid1"></ref> or not reflected at all<ref name="ad1"></ref><ref name="ad2"></ref><ref name="ad3"></ref><ref name="ad4"></ref><ref name="ad5"></ref> in the ads, where prices are shown before any registration, verification or further details are requested, creating a mismatch between expectation and reality. Ads suggest an automated and instant estimate, while in reality users are guided through an elaborate "request a quote" process where they need to provide extensive detail and agree to receive marketing emails. | These steps are presented differently or in a different order<ref name="vid1"></ref> or not reflected at all<ref name="ad1"></ref><ref name="ad2"></ref><ref name="ad3"></ref><ref name="ad4"></ref><ref name="ad5"></ref> in the ads, where prices are shown before any registration, verification or further details are requested, creating a mismatch between expectation and reality. Ads suggest an automated and instant estimate, while in reality users are guided through an elaborate "request a quote" process where they need to provide extensive detail and agree to receive marketing emails. | ||
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[[File:403_forbidden_on_unsubscribe_link_in_login_confirmation_mail.png|alt=screenshot unsubscribe 403 error|thumb|Link to unsubscribe from login confirmation mail yields a "403 Forbidden" error]] | [[File:403_forbidden_on_unsubscribe_link_in_login_confirmation_mail.png|alt=screenshot unsubscribe 403 error|thumb|Link to unsubscribe from login confirmation mail yields a "403 Forbidden" error]] | ||
*Initial confirmation emails contain no visible unsubscribe link, despite FAQ claims that every message includes a “'''hier abmelden'''” (“unsubscribe here”) option. The FAQ page (https://www.wirkaufendeinauto.de/faq/e-mail-abmelden/) describes an unsubscribe process involving footer links, but these are absent in the first email received. | * Initial confirmation emails contain no visible unsubscribe link, despite FAQ claims that every message includes a “'''hier abmelden'''” (“unsubscribe here”) option. The FAQ page (https://www.wirkaufendeinauto.de/faq/e-mail-abmelden/) describes an unsubscribe process involving footer links, but these are absent in the first email received. | ||
*Attempting to log in requires email verification | * Attempting to log in requires another email verification and the received email, containing a 6-digit verification code, also contains the expected unsubscribe link, but this leads to a "403 Forbidden" error page. | ||
*Only after receiving a marketing email — not part of the signup process — does a working unsubscribe link appear in the footer of that marketing email. | * Only after receiving a marketing email — not part of the signup process — does a working unsubscribe link appear in the footer of that marketing email. | ||
===Obligations and Liability=== | ===Obligations and Liability=== | ||
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Under [https://dsgvo-gesetz.de/art-7-dsgvo/ Article 7(3) GDPR], users must be able to withdraw consent "as easily as it was given." However, WKDA’s process raises compliance concerns: | Under [https://dsgvo-gesetz.de/art-7-dsgvo/ Article 7(3) GDPR], users must be able to withdraw consent "as easily as it was given." However, WKDA’s process raises compliance concerns: | ||
*Users cannot access a valuation without first consenting to marketing communications, which effectively bundles consent and makes withdrawal irrelevant until after data has already been submitted. | * Users cannot access a valuation without first consenting to marketing communications, which effectively bundles consent and makes withdrawal irrelevant until after data has already been submitted. | ||
*Unsubscribing is only possible after receiving a marketing email, which can take time and is not equivalent in ease to the initial sign-up. | * Unsubscribing is only possible after receiving a marketing email, which can take time and is not equivalent in ease to the initial sign-up. | ||
*There is no apparent option for users to delete their automatically created account, change their email address, or remove vehicle data after submission. | * There is no apparent option for users to delete their automatically created account, change their email address, or remove vehicle data after submission. | ||
These limitations suggest that the withdrawal of consent and user control over personal data are not facilitated with the ease required by GDPR. | These limitations suggest that the withdrawal of consent and user control over personal data are not facilitated with the ease required by GDPR. | ||
==Products== | ==Products== | ||
*'''wirkaufendeinauto.de''' – WKDA’s platform for online car evaluation and buy offers. Despite advertising a near-instant valuation, the process involves numerous steps, mandatory agreement to marketing communication and partly broken ways to unsubscribe. | * '''wirkaufendeinauto.de''' – WKDA’s platform for online car evaluation and buy offers. Despite advertising a near-instant valuation, the process involves numerous steps, mandatory agreement to marketing communication and partly broken ways to unsubscribe. | ||
==See also== | ==See also== | ||
*[[Bundled consent]] | * [[Bundled consent]] | ||
*[[Dark patterns]] (roach motel, default-settings exploitation, obstruction) | * [[Dark patterns]] (roach motel, default-settings exploitation, obstruction) | ||
*[[False advertising]] | * [[False advertising]] | ||
*[[Liability shifting]] | * [[Liability shifting]] | ||
==References== | ==References== | ||