The main Spanish operators update their code of ethics for commercial calls.
The main telecommunications operators of the Spanish market – Movistar, Orange, Vodafone, MásMóvil and Euskaltel – continue to advance in their commitment to the market and their customers and they reinforce their code of ethics to guarantee the best marketing practices for its products and services in terms of teleshopping.
Customers will receive more information when they receive calls, SMS or emails from suppliers other than the contracted party.
In order to offer consumers a updated protection to the habits of today’s society and a greater transparency in sales practices, the five major operators have signed a new Code of Ethics that reinforces the one reached in 2010 and that acts as self-regulation mechanism so that clients have all the guarantees when hiring their services. This initiative is a first starting point, open to other operators joining the agreement as well.
Thus, the operators establish certain obligations that complement and reinforce those established in the current regulation in order to adopt the highest quality standards in the sale and protection in relation to the applicable regulations at all times and, in particular, consumer protection regulations, data protection, information society services and electronic contracting, and unfair competition regulations.
Business calls are guaranteedThey will not take place before 9:00 a.m. or after 9:00 p.m. and never on Saturdays, Sundays and holidays
The new code includes a number of initiatives that significantly increase the guarantees for the consumer, among others:
• It is guaranteed that the actions of distributors and other call emission platforms will be controlled through audits so that do not use deceptive, fraudulent or, in general, unfair means for competition and control is increased so that consumer data and / or responses that could be interpreted as acceptance of the change of operator cannot be obtained, nor can any other economic behavior be obtained from the consumer.
• Guarantees are increased so that customers included in “Robinson listsNot be contacted.
• It is guaranteed that commercial calls They will not take place before 9:00 a.m. or after 9:00 p.m. and never on Saturdays, Sundays and holidays. The operators have already started the changes in their respective operations to additionally ensure that, over the next few months, and as of January 1, 2022, they stop making commercial calls before 10 a.m. or between 9 a.m. 3pm and 4pm.
• Limited to one maximum of three attempts per month the number of attempted calls to uncontacted customers.
• It is guaranteed that when a potential client answers a call and express no interest in the commercial proposal, the operator does not call you back within three months.
• The consumer receiving the call will be offered to make and, where appropriate, request a return call (“callback “) if at the time of contact he could not have the commercial conversation.
Refering to transparency in information to which the consumer will be able to access, the new protocol includes important improvements:
• The operators will ensure that the telemarketer making the call can provide the user with a phone number to obtain information on any other product or carry out any other commercial and / or claim management with the operator.
•The consumer you will always know the number you are calling from, the commercial brand that is contacting you and the exclusively commercial reason for the call.
• The consumer will have access to information about the origin or the database from which your data comes and, specifically, the name of the person responsible for it, both in the field of teleshopping activity and in sending communications by electronic means. Also, if you are interested, you may know the name of the call center company from which you are being contacted.
In this way, the five operators share the purpose that there is greater effectiveness in detecting and eliminating any business practices that deviate from these demanding regulatory and ethical standards. On the other hand, they undertake to implement among themselves a common agile complaint resolution procedure of clients who may have been victims of commercial practices contrary to the Code.
Operators commit to a common agile complaint resolution procedure
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.
Finally, operators will access cancel the services that may have been contracted within the framework of a teleshopping action with fraud or an act contrary to the requirements of good faith, provided that a maximum of one invoice has been issued for said products and services. The cancellation will be carried out ensuring that the client does not lose connectivity nor should they assume any type of financial penalty. The receiving operator, to which the client returns, will reinstate the registration at the same rate and conditions that it had before the migration or a similar one if it had disappeared.
Emilio Gayo, president of Telefónica Spain, has indicated that “consumers have the right to receive transparent information on calls, all of them. They also have the right to know who and why they are called and, of course, they have the right not to be disturbed at any time of the day. That must be our objective as a sector and this is the reason for having reinforced an already old code, which has to be updated with the advances of society, changes in consumer rights and the necessary ethical behavior that we must demonstrate as operators of reference in the Spanish market ”.
For its part, Jean-François Fallacher, CEO of Orange Spain, has pointed out that “telecommunications operators have adapted our actions over the years to adjust to consumer habits and, how could it be otherwise, be increasingly respectful of their rights and privacy in commercial practices that we carry out when offering our services. The new commitment that we assume today with the renewal of this teleshopping code will not only serve to publicly adapt our practices to an increasingly demanding society, but will also allow us to continue to be a benchmark in responsible behavior towards our current and potential customers, as providers of an essential service for society ”.
“This joint initiative by the industry is an impulse to promote healthier practices in our sector. Through this update of the protocol, we assume new obligations complementary to the existing ones, to update them and adapt them to new times and consumer rights in an increasingly digital environment. In short, an important step to improve our relationship with customers and improve the perception of the industry “, he mentions Colman Deegan, CEO of Vodafone Spain.
“By updating this agreement, the telecommunications sector, on its own initiative, takes a new step forward and demonstrates once again its commitment to customers and the market, and with the development of best business practices while ensuring their maximum protection and the right to choose their telecommunications service provider ”, he said Meinrad Spenger, CEO of the MásMóvil Group.
“With this agreement, which updates the previous one, we show the commitment that guides us as an operator and that places the customer at the center of our actions. For this reason, with this code that we are reinforcing now, we make sure to ensure transparency and quality in the accompaniment of all users in the sector ”, he indicated José Miguel García, CEO of Euskaltel.
The operators They will constitute a monitoring committee that will meet every six months. to share and review the progress of the Code and, if necessary, update and adapt its content.