Congress Approves Notice Banning Spam Calls: No More Annoying Phone Calls

He Plenary session of the Congress of the Republic unanimously approved the decision which prohibits companies from making calls or sending text messages to promote their products and services, without having been requested by the consumer.

This legislative initiative modifies article 58 of law 29571, with the aim of preserving the peace of mind of consumers who receive annoying phone calls oh text messagesalso known as ‘spam’during the day.

The text of the notice states that it is prohibited to use call centertelephone call systems, sending SMS to mobile phones or mass email messagess to promote its products and services, as well as provide the telemarketing service, to any consumer.

However, the only exception to this prohibition is the commercial communication dispatchhey advertisement to this consumer who contacts the supplier directly and authorizes it, expressing his free consent.

In addition, the initiative recalls that, to receive these messages, the person must give their free consentprior, informed, express and unequivocal to be contacted via telephone number, e-mail address or any other analogous means of communication.

However, this authorization may be revoked at any time and in accordance with the regulations relating to the protection of personal data, without any type of restriction. And if this prohibition is violated, it gives rise to a very serious offense sanctioned by the CConsumer Protection and Defense Codenote the document.

Prior to the approval of the notice, the President of the Defense Commission, Elías Varas Meléndez, from the Perú Libre benchset out the proposed changes to subsections “d” and “e” of numeral 58.1 of the Consumer Protection and Defense Code Act, which also regulate the hours for making consented calls, which cannot be Monday to Friday between 7:00 a.m. and 5:00 p.m. and 8:00 p.m.

The legislature has pointed to its rejection of the current practice of called appeals ‘Spam’, the same that he described as abusive and aggressive. He added that the proposal was aimed protect the consumer and avoid disturbing your peace and your daily life.

For his part, the legislator Patricia Juárez, from the Fuerza Popular benchauthor of one of the initiatives accumulated in the alternative text, pointed out that there is harassment from various providers of goods and services through call centers and that economic freedom must always be in accordance with the law to tranquility and human dignity, as established by the constitutional Court.

In the same line, the Congressman Luis Cordero Jon Tay, of Fuerza Popular, He clarified that phone calls, text messages, e-mails are received daily from suppliers who offer products or services and offers of different types that are repetitive, pushy and irrelevant to consumers, who often do not have provided their contact details. “We do not understand how these telephone exchanges obtain our telephone numbers and our personal data,” he added.

Likewise, the The parliamentarians José Luna, of the Podemos Perú bank and Katy Ugarte, of the Perú Libre bankalso authors of the bills contained in the proposal, have highlighted the need to protect the emotional health of consumers and to guarantee the correct use of their personal data, for which it is necessary to continue to strengthen the consumer defense code.

According Previews of Truecaller, in 2021, Peru ranked as the second country with the most annoying calls in the world, behind Brazil. He estimated that an average person received 18 such communications per month that year.