Prohibition of the promotion of services without consideration is seeked
Peru
9 febrero 2018

Peruvian President Pedro Kuczynski introduced a bill in Congress, which bans phone calls, massive sending of text messages or emails without the user’s consent to promote services. The bill might be debated in March, once the legislative recess is over.

The measure proposes to amend an article of Law N° 29.571 (Consumer Protection and Defense Code), with the objective of prohibiting providers of commercial goods and services that imply ‘using call centers and phone call systems, sending text messages to cell phones or mass electronic messages to promote products and services, as well as providing a telemarketing service, to telephone numbers and electronic addresses of consumers who have not given their consent for the use of this commercial practice to the service providers of goods and services.’

Furthermore, the bill states that consumers can revoke their consent at any time, in accordance with regulations on the protection of personal data.

President Kuczynski explained the bill was introduced in response to the increase of these practices to promote services or the acquisition of products that are not requested or authorized by consumers. These procedures are ‘persistent and without consent. Also, the consumer’s right to choose freely and take an appropriate decision could be affected.’ said the President. ‘In many cases, this situation does not allow an objective assessment of the consumers’ ability to pay, which could harm their economy.’ he added.

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