Telephone harassment: why did the Government observe a project that prohibits spam calls and what’s next?

On May 2, the Executive power observed the signature of the law that prohibits spam calls or text messages for commercial purposes. At the beginning of March, this initiative had been approved by the Plenary of the Congress with the support of 105 votes in favour, so all that was missing was the approval of the Government of Dina Boluarte to specify the measure.

The president of the Consumer Defense Commission of the Legislative Branch, Elías Varas, had been confident, two months ago, of an imminent promulgation of the law; however, after his observation, it will be up to Parliament to approve it at his insistence. What did he argue? Executive to observe the autograph and what is next?

Why did the Executive observe the spam calls law?

In the Fundamentals of the Government, it is indicated that, despite affecting fundamental rights, a proportionality test is needed to weigh the principles of suitability and necessity, as it could affect the freedom of enterprise. In detail, they mention the following arguments:

• There is no analysis of other alternatives that are less restrictive and more effective to avoid communications without consent to offer products and services.
• The problem requires the coordinated intervention of various institutions and the private sector.
• An evaluation of the impact that the measures would generate in the labor market has not been carried out.

The latter with reference to the calculation made by the Peruvian Customer Experience Association (Apexo), “that the bill could cost the employment of 20,000 young call center workers.”

ASPEC asks Congress to insist on spam calls law

In communication with La República, the Peruvian Association of Consumers and Users (Aspec) regretted that the Executive power have observed the bill that sought to ban spam calls “which has been getting worse year by year.”

Crisólogo Cáceres, president of aspect, recalled that, in September 2018, an attempt was made to resolve the problem with Legislative Decree No. 1390, which prohibited the use of call centers and telephone call systems. “Nothing has changed, rather it has gotten worse and people receive several calls a day from the same provider, despite the fact that they have repeatedly stated that they do not want to contract with it,” he said.

In September 2022, indecopi reported that, on average, a person receives between four and six calls a day from sales and promotions, or spam; likewise, that 76% of consumers affirm that they have not given their consent and do not know why they are contacting them, since they are not clients of the company.

On the argument “of the right to information” of consumers, Cáceres argues that companies cannot speak on behalf of consumers who, on the contrary, “are fed up and stressed by this situation. If a consumer is interested in a topic , he looks for it,” he says.

Now the bill will return to the Consumer Defense Commission, in which it will be debated again so that it returns to the Plenary for its respective approval at insistence.

What does the spam call law say?

According to the autograph, it remains forbidden that the companies can use their call centers —or so-called call centers—, telephone call systems, sending text messages to cell phones or mass electronic messages to promote your products, as well as provide the telemarketing service.

In this sense, the norm indicates that companies may only send information and advertising to consumers as long as they communicate directly with the providers and request 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.

This initiative also regulates the hours to make consented callswhich can only be carried out from Monday to Friday between 7:00 a.m. and 8:00 p.m., since it constitutes a very serious offense to carry out said action between 8:00 p.m. and 7:00 a.m. or on Saturday, Sunday and holidays.