One of the most common complaints from consumers is unwanted telemarketing calls. The practice concerns any offer of products or services made via telephone, whether by means of a call or message, without the prior consent of the consumer.
To try to prevent companies from carrying out this type of abuse, the National Consumer Secretariat (Senacon) launched a channel for complaints of abusive telemarketing. After opening on July 20, with only one week of operation, the channel received 2,781 complaints.
The measure came after the Ministry of Justice’s determination to suspend abusive telemarketing activities across the country.
Suspension
The suspension of abusive telemarketing activities was determined by Senacon based on the number of complaints registered in the National Consumer Defense Information System (Sindec) and in the consumer.gov.br portal. According to the secretariat, there were 14,547 in the last three years.
From the analysis of the complaints, Senacon concluded that the data used by the companies for the practice are not consented by consumers nor passed on to them from an existing legal basis.
In this way, the Ministry of Justice and Public Security found that the practice of abusive active telemarketing violates the precepts of the Consumer Defense Code, the General Data Protection Law and the Civil Rights Framework for the Internet.
Learn how to report
Any user can make a complaint through the Senacon channel. Just access the official address and fill in the form.
On the page, the consumer must provide basic information such as the date and origination number of the call with area code (if any), the name of the telemarketer or which company it represents and whether permission has been given to offer products and services, among others.
After sending the form, the complaints will be investigated by the National Consumer Secretariat and forwarded to the regional Procons, for analysis and opening of any administrative process for non-compliance with the measure.
In addition to the Senacon channel, the Procons also have mechanisms to prevent the practice of abusive marketing.
For consumers in the state of São Paulo, for example, the agency advises that the telephone lines owned by them (fixed or mobile) be registered. on the Procon-SP website.
After the thirtieth day of registration in the register, telemarketing companies and suppliers of products or services that use this service will not be able to make calls or send messages to these numbers. Once registered, the phone number will remain in the register indefinitely.
The consumer can delete the line at any time and can authorize calls from one or more companies from which he wants to receive calls or messages. The program was called “Don’t call me”, in force since 2009.
According to data from Procon-SP, since 2010, 347 administrative proceedings have been initiated to investigate complaints from consumers who were bothered by telemarketing contacts even though they were registered in the “Don’t Call Me” register. And more than BRL 250 million in fines were imposed on companies that disrespected the rule.
In addition to the reporting channels, in June, the National Telecommunications Agency (Anatel) announced measures to combat abusive telemarketing.
The agency determined that telecommunication service providers, within 30 days, block calls that do not use numbering resources assigned by Anatel – 0303. The measure is valid for calls originating on the network itself or coming from interconnection.
Opening of inquiries
Last Wednesday (27), Senacon opened administrative proceedings against 26 companies for practicing abusive telemarketing. The measures are an offshoot of the decision that, on July 18, banned irregular activity across the country.
According to the ministry, banks, telecommunications companies and telemarketing centers were notified to present a defense. If convicted, they are subject to a fine of up to R$13 million each.
Source: CNN Brasil

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