The code of conduct agreed by MásMóvil, Orange, Telefónica and Vodafone, the four telephone operators with the largest market share in Spain, will enter into force this January 1 with measures such as the prohibition of calling between 3:00 p.m. and 4:00 p.m. or in weekends.
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The new code will also prevent commercial calls before 9:00 am and after 9:00 pm and will increase the guarantees to avoid contact with customers registered on the ‘Robinson List’.
This agreement thus renews the first agreement between operators reached in 2010. In a first term, Euskaltel was included, but it has been integrated into MásMóvil during the process. No other operators have joined in these months of transition period.
To control that the agreement is fulfilled, the parties will hold a semiannual meeting in which the door is opened for the content to be updated and adapted.
Control through audits
Among the new measures is the control through audits of the actions of distributors and other call issuance platforms that use deceptive, fraudulent or, in general, unfair means for the competition.
Control will also be increased so that consumer data or responses interpretable as an acceptance to change operator cannot be obtained, as well as obtaining from the consumer any other behavior that implies an economic outlay.
In terms of calls, operators will only be able to call a customer a maximum of three times in a month and, in the event that the customer rejects the offer, they will be obliged to wait three months before making a new one.
The operators will ensure that the telemarketer who makes the call can provide the user with a telephone number to obtain information on any other product or carry out any other commercial management or claim.
Likewise, the user must always know the number from which they are calling, the commercial brand that is contacting them, the exclusively commercial reason for the call and the database from which their name is extracted, as well as that of the contact center.
The companies also agreed, according to the initial text, to implement a common agile procedure for resolving complaints from customers who may have been victims of commercial practices contrary to the Code.
The companies will also collaborate with each other to inform and, if necessary, report to the competent bodies the existence of verifiable facts that could be fraudulent or harmful to customers.
In addition, companies will cancel the services that have been contracted in actions that violate this code provided that at most one invoice has been passed and ensuring that it does not result in financial penalties or loss of connectivity for the user.