With a week of operation, the channel of the National Consumer Secretariat (Senacon) for complaints of abusive telemarketing received 2,781 complaints.
The agency of the Ministry of Justice and Public Security will evaluate the reports and may open administrative proceedings against the mentioned companies.
On July 20, a channel for complaints was opened, through the link: denuncia-telemarketing.mj.gov.br.
In the electronic form, consumers must indicate the date of the call, the origin number, the responsible company and whether they had given permission to offer products and services.
In addition, as a result of an operation carried out on the 18th of this month, this Wednesday (27th), Senacon opened administrative proceedings against 26 companies in the banking, telecommunications and telemarketing sectors.
If convicted, they can pay fines of up to R$13 million.
On the 18th, the Ministry of Justice and Public Security banned abusive telemarketing.
On the date, in a joint action with state Procons, the ministry suspended activities considered irregular by 180 Brazilian companies.
The measure targeted companies that make calls offering products or services without the authorization of consumers.
Contact is considered abusive when the company calls at inappropriate times or repeatedly. According to the Ministry, most of these approaches are carried out with data obtained illegally.
The ministry’s decision was made based on the number of complaints registered in the National Consumer Defense Information System (Sindec) and in the government’s complaints portal (consumidor.gov.br).
In the last three years, there were 14,547 such complaints.
When analyzing the complaints, the department concluded that the data used by companies for the practice of telemarketing are not consented to by consumers nor obtained from an existing legal basis.
Therefore, the Ministry of Justice understood that the practice of abusive active telemarketing violates the precepts of the Consumer Protection Code, the General Data Protection Law and the Civil Rights Framework for the Internet.
The leaders of Procons, the National Telecommunications Agency (Anatel) and the National Data Protection Authority (ANDP) were informed about the opening of the processes so that they take the measures they deem appropriate.
Procon-RJ opens 15 precautionary proceedings
In Rio de Janeiro, Procon initiated 15 lawsuits against telecommunications companies and financial institutions for abusive telemarketing.
Based on Senacon’s decision to ban this type of activity, the president of Procon-RJ, Cássio Coelho, determined that a survey be carried out on the consumer.gov platform, which identified more than 600 complaints by consumers from Rio de Janeiro.
Coelho reinforces that it is important to adapt Senacon’s actions to state legislation.
The privacy of telephone service users in the state is regulated by State Law 4,896, of 2006, which establishes the need to create a register of users who do not wish to receive active telemarketing calls.
The law also imposes a limitation on the time in which it is possible to make such calls to those consumers who are not registered.
Calls are still prohibited on weekdays before 8 am and after 6 pm, as well as on weekends and holidays at any time, in addition to contacts for consumers adhering to the blocking register maintained on the website www.naomeperturbe.com.br .
Suppliers will have 48 hours, from the date of receipt of the notification, to comment on the precautionary measure, and 15 days to present a defense on the administrative proceedings instituted.
If the company fails to comply with the precautionary measure, Procon-RJ will adopt the appropriate legal measures.
* Under supervision of Pauline Almeida
Source: CNN Brasil
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