The Higher Regional Court of Stuttgart has dismissed a lawsuit filed by the Federation of German Consumer Associations (VZBV) against Lidl concerning its “Lidl Plus” loyalty program. The court announced its decision on Tuesday.
The legal action centered on Lidl’s description of the app usage as “free” despite requiring users to provide personal data. The VZBV argued that consumers were effectively paying with their data, therefore obligating Lidl to disclose a “total price.
The court’s 6th Civil Senate found the lawsuit to be without merit. It ruled that Lidl’s failure to state a comprehensive “total price” was not objectionable, as the app’s usage does not require a direct monetary payment. Reflecting both German and European legal interpretations, the court defined “price” as a sum of money, not as a form of alternative consideration. The requirement to disclose a “total price” is intended to protect consumers from hidden costs, not to mandate the disclosure of data usage as a form of payment.
Furthermore, the court determined the label of “free” for the app to be non-misleading. The term simply indicates the absence of a monetary charge for usage. The collection and utilization of data is clearly outlined in the terms and conditions, ensuring that a reasonable reader would not perceive a lack of required consideration.
The case has been granted leave to appeal to the Federal Court of Justice, deemed to be of fundamental legal importance.