Prefix 0303 in telemarketing calls becomes mandatory from this Wednesday (8)

The use of the 0303 prefix becomes mandatory as of this Wednesday (8) in active telemarketing calls —for sales of products or services— made by landline. Since March 10, operators have been required to adopt the measure in cell phone calls. This means that, from now on, all calls to offer products or services must be made with this standardized numbering.

According to Anatel (National Telecommunications Agency), until this Tuesday (7), more than 1,200 entries with the code 0303 had been registered in the agency’s system. Since the rule for using the prefix came into effect in calls from cell phones, Anatel has received 144 complaints, 84 in March and 60 in April. So far, no company has been fined.

The new standard was defined in December last year and aims to standardize the numbering and serve as a tool to help consumers identify telemarketing calls. With this, the customer decides whether or not to attend.

In the determination, Anatel stipulated a period of 90 days for mobile telephony providers and 180 days for fixed telephony operators to implement the new rule. For the legal coordinator of the ABT (Brazilian Association of Teleservices), Claudio Tartarini, there was a lack of clarification from the regulatory authorities during the process of implementing the code.

Despite this, all companies associated with the entity have already adapted to the legislation. The ABT list includes call center service providers from different sectors of the economy.

In May, ABT and two other entities representing the sector and telemarketing workers filed a lawsuit with the Federal Supreme Court (STF) with the aim of overturning the rule.

“Until there is a court decision in this matter, the associated companies will continue to apply the rule in the terms determined by Anatel”, affirmed Tartarini.

He argues that one of the companies’ concerns is that other unaffiliated companies are adopting practices that make citizens uncomfortable. “The use of robocall [chamadas automáticas por robôs] in massive calls that drop in less than three seconds is a point of concern that 0303 will not solve”, he explains.

Last Friday (3), Anatel issued a precautionary measure to stop the abusive practice of automatic calls. The agency required telecommunications companies to submit a list of companies that fall into this situation.

WHAT CHANGES WITH THE NEW RULES

Code 0303 is for exclusive and mandatory use for active telemarketing activities – offering products or services through telephone calls or messages, previously recorded or not. The rules do not apply to calls for donations or collections.

“Companies that fail to comply with the rules will respond to a sanctioning process within the scope of Anatel and may face a fine of up to 50 million reais per infraction”, the agency said in a note.

Although no penalty has been applied, Anatel informs that it will monitor compliance with the rule.
“After this step, the possibility of instituting sanctioning procedures and application of the respective penalties will be analyzed”, says the agency.

WHAT TO DO IF YOU FIND IRREGULARITIES

If the consumer continues to receive active telemarketing calls from a number that is not using the code 0303, he may initially file a complaint with his telecommunications service provider.

“If the problem persists, the consumer, in possession of the protocol of the demand in the provider and in its Ombudsman, can make a complaint with Anatel”, informs the agency.

Do not call me

In the state of São Paulo, Procon-SP (Foundation for Consumer Protection and Protection) offers Não Me Ligue. Established by state law of 2008, the system allows consumers to register their number to not receive any type of telemarketing call.

In addition to calls, whether automatic or made by robots, the measure allows messages to not be sent via SMS or applications such as WhatsApp, seeking the holder of the line or someone else. In this register, companies are also prohibited from making calls or sending collection messages.