The unfortunate figures that place the Peru as the second country in the world with the highest harassing phone calls, only behind Brazilaccording to Truecaller Insightscaused the plenary session of Congress to approve last Friday, March 3, the so-called spam calls and messages law —which obtained the support of 105 legislators—. What are the changes and what happens if the company continues with this invasive practice?
Aspec asks the Executive to enact law as soon as possible
In dialogue with this newspaper, the Peruvian Association of Consumers and Users (Aspec) recalled that in September 2018 the Legislative Decree No. 1390 which modified article 58.1 of the Consumer Protection and Defense Code; however, “things did not change and the mortification for consumers not only continued, but increased”, to the point that, according to the Truecaller Insights 2021 annual report, Peru is considered the second country in the world with the highest telephone harassment by companies.
“In 2018, what was basically changed is that when the operator called you, he had to tell you his name and ask for your consent to continue with the conversation. If you refused, the call ended, but that did not prevent other operators from the The same company will call you in five minutes. In other words, the modification did not help at all”, explained the president of Aspec, Crisólogo Cáceres, to La República.
If the Executive observes the spam calls law, Congress will approve it by insistence, according to congressman Elías Varas. Photo: High level
Now, with the approval of a new modification to the mentioned code, caceres sees this measure as good news because a new protocol is established so that suppliers can contact the consumer, according to these parameters:
- Consumers who wish to be contacted must first contact the provider directly and request it.
- Consumers will have to provide their informed, express and unequivocal consent.
That is, for Aspec, the figure is now reversed and it will be consumers who will have to take the initiative to ask companies to continue contacting them. “Regarding sanctions, the maximum is a fine of up to 450 UIT, which, as far as I know, was never applied,” Cáceres replied.
In this sense, Aspec urged the Executive Power not to observe the law and publish it as soon as possible. “Companies had four years to change and they didn’t. On the contrary, the situation worsened. It corresponds, then, to the State to act in defense of our rights, ”he added.
What does the spam call law say?
According to the autograph, it remains forbidden that companies can use call centers or so-called call centers, telephone call systems, sending text messages to cell phones, mass electronic messages to promote your productsas well as provide the telemarketing service.
Immediately afterwards, the rule states that companies will only be able to send information and advertising to consumers as long as they communicate directly with the providers and ask them, under consent informed, express and unequivocal, that they wish to be contacted.
Only in this case, companies may use those telephone numbers and electronic addresses of consumers who have given their consent for the use of this commercial practice.
Spam calls and messages: how much is the fine?
In the event that there is a breach by the companies in continuing to send non-consensual communications, it will be considered a very serious infraction and may be sanctioned with a fine ranging from 150 up to 450 UIT; that is, up to S/2.2 million.
This initiative also regulates the hours for making consented calls, which They can only be made from Monday to Friday between 7:00 a.m. and 8:00 p.m. It constitutes a very serious offense to carry out said action between 8:00 pm and 7:00 am or on Saturday, Sunday and holidays.
Consumers who wish to be contacted should contact the commercial company in advance and directly. Photo: The Spanish
Spam calls: what is missing for it to take effect?
As this newspaper was able to corroborate, the now signed law, which had the support of 105 congressmen, has not yet been sent to the Government for its respective promulgation or observation within 15 days.
The president of the Congressional Consumer Defense Commission, Elías Varashe was confident that the Executive would promulgate the law, which should enter into force in 60 days, after Congress presents the autograph.
He stated that these spam calls happen in every country in the world; however, that in Peru it was not regulated. Now, with the amendment, those who have consented to calls for commercial purposes can also freely disavow it, he added.
“The Executive can also observe it, but, given the massive vote, we could go to an insistence. We believe that this law is going to be enacted,” he said on Congreso Radio.
Source: Larepublica
Alia is a professional author and journalist, working at 247 news agency. She writes on various topics from economy news to general interest pieces, providing readers with relevant and informative content. With years of experience, she brings a unique perspective and in-depth analysis to her work.
