Telemarketing operators go to the STF against 0300

Entities representing the sector and telemarketing workers have filed a lawsuit with the STF (Federal Supreme Court) with the objective of overturning the rule that obliges operators to put the number 0303 on calls made to consumers for the sale of products.

The standard was defined in December by Anatel (National Telecommunications Agency) and aims to standardize the numbering and serve as an “important tool for the consumer in the identification of telemarketing calls”. The prefix allows the customer to decide whether or not to answer the call.

Operators were required to adopt the measure in calls to cell phones as of March 10 this year.

This month, ABT (Brazilian Association of Teleservices), Feninfra (entity that represents installation and maintenance of telecommunication networks) and Fenattel (federation of telemarketing workers) asked the Supreme Court to overturn the rule. The process was under the rapporteurship of Minister Edson Fachin.

The argument is that Anatel’s rule violates the Constitution for allegedly affecting the exercise of business activity and harming free enterprise and the pursuit of full employment. In addition, it says that Anatel extrapolated its regulatory power.

“The normative competence of the regulatory agencies must be linked to a context of the exercise of executive functions, and an open clause that transforms the regulatory authorities into authentic legislators, taking the role of the National Congress, must not be admitted”, say the entities in the action, signed by the lawyers Cláudio Tartarini and Fernanda Zivtsac.

“Because it is an extremely serious restriction on freedom of initiative, a general and abstract determination can only be conveyed by law in a formal sense.”

The entities’ defense also states that, to curb abuses, Anatel can use other means that would be more effective and broader than the 0303 prefix, such as the “stir shaken” technology, which allows telephony services to verify the authenticity of the identifier of the call and contributes to the fight against fraud.

Anatel has held events in which specialists and service providers discuss the use of this tool.

“Through the use of the Stir/Shaken tool, there would be no need to use the Non-Geographical Code 0303 to curb abuses in the approach of citizens, since it would be easily identifiable by consumer protection bodies the abuses in the incessant approaches of citizens”, states the action. of the entities.

“The excessive approaches of citizens are only carried out because it is still possible in Brazil for the company with abusive practice to hide through the possibility of not having its connection identified and traced back to its source.”

They also claim, in the action, that irregular companies will continue to harass consumers, because they will not adopt code 0303.

This Tuesday (24), Fachin gave Anatel a period of 30 days to comment on the action.

For now, the 0303 rule applies only to calls made via cell phone. In June, it will be the turn of those who use landlines to put the code in front of the number when there is active telemarketing, which is the practice of offering products or services through telephone calls or messages, whether recorded or not.

The code identification must be clear on the screen display. In addition, according to Anatel, operators must carry out preventive blocking of active telemarketing calls when the order is placed by the consumer. The new rules will not apply to calls seeking donations or collections.

According to Anatel, companies that want to carry out active telemarketing must contact their telecommunications provider or telemarketing agent and request a change in the use of their numbers by code 0303.

Anatel also informs that, if the company does not comply with the rule, the customer must “address his complaint to the provider”. If it doesn’t work out, you need to look for the regulatory agency to file a complaint through 131, Reclame Aqui, Anatel’s website or through the agency’s application. Among the punishments for non-compliance with the measure are warning, fine and temporary suspension of services.