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Posted on 06/10/2022 at 18:44
All telemarketing calls must start with 0303 from today
Anatel's measure allows consumers to identify calls originating from landlines or cell phones and choose whether or not to answer them - Photo: Anatel
Since last Thursday (06/09), the use of the prefix 0303 is mandatory for all active telemarketing calls, that is, those that aim to offer products or services through telephone calls or messages, previously recorded or not.
The measure was determined by the National Telecommunications Agency (Anatel) at the end of 2021 and the deadline for adapting to the new rules ended yesterday (06/08). According to a survey by the Agency, more than 1,400 numbers have already been requested by 440 companies.
The consumer who receives a telemarketing call made by a telephone with a prefix different from 0303 can make the complaint through one of Anatel's channels - telephone 1331, portal, or Anatel Consumer application - simply by informing the number used for the irregular call.
Counselor Emmanuel Campelo highlighted, however, that the Agency's inspection actions are already being carried out regardless of the receipt of complaints from consumers. There are face-to-face actions at the providers' centers and monitoring of data collected from the computerized systems for administering the numbering resources.
According to Campelo, “within a month, the first procedures for investigating non-compliance with obligations (Pados) can be opened and after three months we will be able, with due legal process, to have fines imposed in case of non-compliance with the rules established by the Agency”.
The 0303, it is worth remembering, is of mandatory use only for active telemarketers. Links with requests for donations or collections, for example, do not fit into this classification and are therefore not covered by Act No. 10,413/2021.
Campelo recalled that another measure adopted by Anatel to protect consumers was the issue of a precautionary measure, last Friday (10/06), to prevent calls made by robots, popularly called robocalls.
The Agency granted 15 days, counting from the publication, which took place on June 6, for companies that use this feature to adapt, and after this period, users who make 100,000 daily calls or more lasting up to three seconds will be blocked from originating calls.
“The company will be blocked from originating calls for 15 days and telecom companies will not be able to activate new lines. If the company robocalls again, it will be blocked. We identified telephone lines that made up to a million calls a day, which is humanly impossible, which makes it clear that these were calls made by robots”, explained Campelo.
The counselor pointed out that this is an initial stage in the fight against robocalls - widely used for the "proof of life" strategy when the call is made only to verify that the number is used by someone - and that Anatel can adopt other measures. “If the Agency verifies any attempt to circumvent the injunction, it can raise the bar and define that the measure will be valid for 50 thousand calls per day, for example”, he explained.
For the perlocutionary measure, the use of a technological solution for the massive triggering of calls at a volume greater than the human capacity of dialing, attendance, and communication, on not completed or, when completed, with disconnection by the originator within three seconds is an improper use of the numbering and telecommunications services.


Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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