Ministry of Justice opens administrative process against 26 telemarketing companies

The Ministry of Justice, through Senacon (National Consumer Secretariat), initiated administrative proceedings against 26 companies accused of abusive telemarketing.

The actions are the result of the precautionary measure published on July 18, which suspended the activity of 180 telemarketing companies in the country.

Banks, telecommunications companies and telemarketing centers have been notified to present a defense. If convicted, companies are subject to a fine of up to R$13 million each.

It is considered an abusive practice when the company contacts the consumer to offer products or services without him having provided the telephone number, or even if he has provided it, but has not authorized to receive calls.

Also according to the folder, the leaders of Procons, Anatel (National Telecommunications Agency) and ANDP (National Data Protection Authority) were informed about the opening of the processes, so that they take the measures they deem appropriate.

Precautionary Measure suspended activities

The suspension of abusive telemarketing activities was determined by Senacon based on the number of complaints received.​

Between 2019 and 2022, Sindec (National Consumer Defense Information System) registered 14,500 complaints related to telemarketing calls. The volume of complaints would have led to the decision to suspend activities.

Based on the analysis of the complaints, the Secretariat says it has concluded that the data used by the companies were not consented to by consumers and that the information did not originate from an existing legal basis.

“The Ministry of Justice understood that the practice of abusive active telemarketing violates the precepts of the Consumer Protection Code, the General Data Protection Law and the Civil Rights Framework for the Internet”, says a statement from the ministry.

Government created a whistleblower channel

Last July 20th, the Ministry of Justice opened an internet channel for citizens to denounce companies that insist on abusive telemarketing.

In the electronic form, consumers must enter, among other information, the date and origination number of the call with area code (if any), the name of the telemarketer or which company it represents and whether permission has been given to offer products and services.

Complaints will be investigated by Senacon and also forwarded to Procons for analysis and opening of any administrative proceedings.

How to protect yourself from abusive telemarketing

Consumers tired of receiving telemarketing calls have different tools to protect themselves from abusive telemarketing. Among the main options, they can register their mobile or landline number in services such as Não me Perturbe (Anatel’s national registry) and Não me Ligue (Procon-SP service).

But when even that doesn’t solve the problem, he can file a complaint. In addition to the two channels, it is also possible to file a complaint on the consumer.gov website, a direct channel between consumers and companies for the alternative solution of consumer disputes. Complaints must be answered within ten days.