Congress Passes Bill to Ban Unauthorized Spam Calls and Texts

The Congress of the Republic approved a change to Article 58 of the Consumer and Defense Code, Law 29571, which prohibits companies from making calls or sending text messages to promote their products and services without the consumer’s request.

Legislative proposal originally authored by parliamentarian Fujimori. Patricia Juarezsupported by the Chairman of the Commission for the Protection of Consumer Rights, Elias Varasand unanimously approved. In addition, he was exempted from the second vote.

to his address, Varas Melendez He emphasized that he does not accept the current practice of calls called “spam”, which he called offensive and aggressive. He added that the proposal aims to protect the consumer and prevent disruption of his peace of mind and daily life.

From my side, Patricia Juarez He pointed to harassment by various providers of goods and services through call centers and that economic freedom must always be in line with the right to peace and human dignity.

What does the measure approved by the Plenum establish?

In accordance with the approved measure remains forbidden that “suppliers may use call centers (call centres), phone call systems, cell phone text messaging, or bulk email to promote their products and services.”

“They can only send information and advertising to consumers who directly contact the supplier and request, giving their agreement informed, directly and unequivocally, that they wish to be contacted. Only in this case, suppliers can use those phone numbers and email addresses of consumers who have given (…) their consent to use this commercial practice, ”the document says.

If providers continue to send messages without the consent of users, this will be considered a very serious violation and may be punished Consumer Protection Authority. “This is without prejudice to the authority of the Data Authority to initiate the verification procedure.”

In addition, the measure regulates the hours for making agreed calls, which can only be made from Monday to Friday from 7:00 to 20:00, “they can in no case be made on Saturdays, Sundays or public holidays.”