The document determines the “interruption of abusive active telemarketing services throughout the national territory that aim to contact the customer to offer products or services without the prior consent of the consumer”. The decision imposes a daily fine of R$ 1 thousand in case of non-compliance. Check the publication with the list of companies in this link.
remain other receptive/passive services are maintained, as well as activities aimed at collections or donations. This Monday, the Minister of Justice and Public Security, Anderson Torres, published a statement on social media about the measure.
“Monday, 7/18, the Ministry of Justice and Public Security, through the National Consumer Secretariat and the 27 Procons, will carry out a major operation against one of the biggest disturbances in Brazilian daily life: abusive telemarketing. We will demand respect from the consumer!”, he informed.
In March of this year, the mandatory use of the prefix 0303 in calls made by telemarketing companies began to take effect. The measure announced by the National Telecommunications Agency (Anatel) was adopted to help users identify the type of call.
The code appears at the beginning of the number of any call aimed at offering products or services. According to Anatel , the use of code 0303 will be exclusive and mandatory for active telemarketing activities, practice of offering products or services through telephone calls or messages, previously recorded or not.
The measure determines that telecommunications networks allow the clear identification of the code on the device’s display. Operators are also required to preventively block calls originating from active telemarketing at the request of the consumer.
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The Diário contacted the Brazilian Teleservices Association (ABT), which represents the sector, and the mobile phone operators mentioned in the report to obtain a position on the measure.
By means of a note, the Brazilian Association of Teleservices said that it was surprised by the publication, this Monday, of the precautionary measure of the Ministry of Justice/Senacon suspending, for an indefinite period, the activities of companies in the sector.
ABT said the move jeopardizes the employment of more than 1 million workers and will result in higher prices for consumers as it severely restricts competition between companies over the telephone channel. The entity also clarified that it supports these initiatives and promotes the self-regulation of telemarketing activity through Probare, which provides for strict standards of conduct and good practices (https://probare.org.br/), such as the provision that prohibits new contact. for those who request that they do not wish to receive new offers. The current version of Probare from the end of 2019 was even revised by the Consumer Secretariat of the Ministry of Justice.
Finally, he said that he will seek a new dialogue with the Ministry to promote the proper implementation of this public policy, without prejudice to workers and consumers.
The National Union of Telephone Companies and Mobile, Cellular and Personal Service Companies (Conexis Brasil Digital), which represents mobile telephone companies, informed that it is still awaiting notification of the injunction from the Department of Consumer Protection and Defense, of the Ministry of Justice and Public Security.
*Material updated at 2:08 pm for additional information.