How can we get rid of advertising calls – “Bell” up to 10,000 euros

There is a provision in the legislation for consumer protection from calls which are made for the product promotion, as stated in a statement by Union of Consumer Workers of Greece recalling it legal background and fines which are provided and who it is the way consumers react.

The legal framework, as noted, states that:

– The use of automatic dialing systems, in particular using fax or e-mail devices, and in general the making of unsolicited communications by any means of electronic communication, without human intervention, for the purposes of direct commercial promotion of products or services and for any kind of advertising purposes, is only permitted , if the subscriber expressly consents in advance.

– It is not allowed to make unsolicited communications with human intervention (calls) for the above purposes, as long as the subscriber has declared to the provider of the service available to the public, that he generally does not wish to receive such calls. The body is obliged to register these statements free of charge in a special list of subscribers, which is available to anyone interested”.

It is noted that since 2011, telephone calls with human intervention, for the above purposes, are allowed, unless the called party has declared that he does not want them (“opt-out” system). With the “opt-out” system, consumers can direct their objections, regarding the processing of their data, either specifically, directly to the advertiser, exercising the right to object to the processing of personal data, or generally, through their registration in the special list of subscribers of the provider.

How is the consumer protected?

The law provides for the creation of an “opt out” register for each provider of electronic communications services, in which each interested party declares that they do not wish to receive telephone calls for direct marketing.

With the aforementioned provision, each provider has the obligation to maintain, with the above declarations, a Public Registry that fulfills a public purpose and to which anyone interested in using it for direct commercial promotion has access. Advertisers must obtain from all providers up-to-date copies of the Registers of article 11 n. 3471/2006 and ensure that they have available the statements of subscribers made up to thirty days before the telephone call is made.

Finally, in accordance with the provision of article 14 of Law 3471/2006

1. A natural or legal person who, in violation of this law, causes property damage is obliged to full compensation. If he caused moral damage, he is obliged to pay monetary satisfaction.

2. The monetary satisfaction due to moral damage for a violation of this law is defined, as a minimum, in an amount of ten thousand (10,000.00) euros, unless a lesser amount is requested by the claimant. Monetary satisfaction is awarded independently of the requested compensation for property damage.”

Therefore, the inclusion in the register of article 11 of Law 3471/2006, is the most effective defense of the consumer, so that he stops receiving advertising calls on his phone, while the conviction of the culprits is also threatened in monetary satisfaction due to moral damage. Consumers, either in a store or on their provider’s service phone, can see and follow the procedure for registering in the register of art. 11 Law 3471/2006.

RES-EMP

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