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Indecopi: how to report companies that call insistently?

Indecopi: how to report companies that call insistently?

Do you receive constant calls from different companies to offer you products and services? The National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) indicates that these nuisance calls they are prohibited if you have not given your authorization to receive them. Find out below how report these acts and what sanctions the offending companies receive.

Since 2018, Peruvian regulations have included the obligation for companies to have the prior consent of your customers to make calls that offer promotions. If a company does not comply with this provision, it could be committing a infringement to consumer standards.

How can I report calls without consent?

Ronald León, Director of Control of the Indecopi, reported which are the service channels for consumers who consider their rights violated. “Mainly we have our email account, [email protected], or you can also contact us by phone at 224 7777 from Lima, or the 0800 44040 from regions”, León explained in conversation with La República.

Indecopi has the Citizen Watch platform to provide information and make complaints about violations of consumer regulations. Photo: True Caller

Likewise, Indecopi has the Citizen Watch platform, which is a form through which people can enter information on the bad practices they have witnessed regarding consumer rights. Between March and December 2021, Indecopi received 10,879 reports and queries of citizens through this channel.

Ronald León stated that Indecopi not only attends to particular cases, but also carries out inspections or investigations ex officio. The Citizen Surveillance service has the following steps:

  • Stage 1: register your claim request
  • Stage 2: Indecopi will contact you and provide a claim number, as well as the name of the official in charge.
  • Stage 3: They will forward the claim to the provider within one business day. Indecopi will provide mediation and/or conciliation in the case.

What are the most sanctioned companies for making calls without consent?

Peruvian regulations contemplate Economic sanctions for companies that make calls without consent. “If it is the case that responsibility is found, (the companies) could be sanctioned with a fine that can reach up to 450 UIT (2,070,000 soles)”, warned Ronald León in conversation with La República.

To date, Indecopi’s Protection Commission No. 3 has sanctioned 42 companies for making communications without consent, which includes calls, messages and emails. In total, fines were imposed for more than 1,000 UIT (approximately S/ 4,600,000). Here is the list of the companies that received the biggest penalties since 2020:

  • Cencosud Retail: 447.36 UIT (S/ 2,057,856)
  • Interbank: 150 UIT (S/ 690,000)
  • Americatel Peru: 76.6 UIT (S7 352,360)
  • América Móvil (Claro): 50 UIT (S/ 230,000)
  • Ripley Bank: 49.8 UIT (S/ 229,080)
  • Falabella Bank: 45 UIT (S/ 207,000)
  • Banco Pichincha: 45 UIT (S/ 207,000)
  • Entel Peru: 45 UIT (S/ 207,000)
  • Effective Financial: 43.9 UIT (S/ 201,940)

Indecopi currently carries out control actions to 12 companies on communication without consent. Photo: Thirteenbits

Which companies are under investigation for making calls without consent?

Regardless of citizen complaints, Indecopi currently carries out inspection actions to 12 companies that they would have made communications without the prior consent of their clients. This is the full list:

  • BBVA
  • Entel
  • scotiabank
  • Azteca Bank
  • Oncohealth
  • Financial Credit
  • BCP
  • Rimac Insurance
  • Telefonica of Peru
  • America Movil (Clear)
  • Pichincha Bank
  • Verisure (alarms)

The most common scenario, explains Ronald León, is that companies call people from their databases without having requested permission. “The most frequent thing that we have seen in almost all cases is that they call you —rather than a message, they are calls more frequently— and they directly offer you the product. This is the most common scenario. They tell you ‘I’m calling to offer a card, insurance, etc.’, even though they haven’t had your consent. They haven’t even asked you”, the official pointed out.

How is consent given to receive calls from companies?

Consent to receive communication of offers can be given in different ways. The most common are when hiring a service or with tabs on Internet pages. For example, it is a virtual notice that includes a box to check “accept the conditions and the use of personal data”.

If you click that option, you are already giving your consent. It also happens a lot when people are going to sign a contract: a credit card or some other product with a company and normally there is some clause, some condition where that is stated: that you authorize, through your signature, to be able to receive advertising or promotions ”, explained the director of Inspection of Indecopi.

Source: Larepublica

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