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The Brazilian Telecommunications Agency (ANATEL) will publish a new ordinance with additional measures to discourage abusive telemarking, in particular the massive telemarketing strategy of short calls with less than three seconds, which is considered abusive by the Agency. This ordinance will affect not only telecommunications and telemarketing service providers but also users of such services.
Besides the mandatory adoption of the 0303 prefix for active telemarketing calls, in force since March 2022, this new ordinance will oblige telecommunications and telemarketing service providers to identify and block the capacity of call origination of the accesses of Fixed Switched Telephone Services (fixed telephone calls) and Personal Mobile Service (cell phone calls) of users that: (i) generate, at least, one hundred thousand (100,000) short calls per access code in a day; or (ii) generate, at least one, hundred thousand (100,000) calls in a day, considering the total of accesses assigned to the user, and in which the total of short calls represents eighty-five (85%) or more of the total calls. It will be mandatory a free availability on the internet of a search tool to identify access codes of fixed and mobile calls held by users. Additionally, ANATEL will monthly publish a list of the most offending users in terms of short calls.
Users and telecommunications and telemarketing service providers who breach the aforementioned rules will be subject to fines of up to fifty million reais (R$ 50,000,000.00).
According to ANATEL, the new ordinance, which has not yet been published, will come into effect on November 3, 2022, and will remain in force until April 30, 2023.
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We keep monitoring the development of this matter, reinforcing our commitment to getting you up to speed on any further changes.
