Associations representing telecommunications companies went to STF (Federal Supreme Court) trying to overturn Adhere to displaying the prefix 0303 in telemarketing calls.
Entities in the sector say that Anatel (the national communications agency) has gone beyond its purview by deciding that offering products and services over the phone should only be done through numbers indicated by code.
The lawsuit was filed by ABT (Brazilian Association of Telephone Services), Feninfra (National Federation of Installation and Maintenance of Communications and Information Technology Networks Infrastructure) and Fenatel (National Federation of Workers of Telecommunication Companies and Telephone Office Operators). The order was directed to Secretary Edson Fachin.
According to the associations, the measure affects not only companies in the telecom sector, but also companies that are not under the supervision of Anatel, but provide services and products over the phone. According to ABT, Anatel cannot interfere with the performance of companies outside its purview.
Another point raised by the measure is the impact of the ban on telemarketing calls on the jobs of those who work in the sector.
(…]In the absence of a law in the formal sense giving Anatel the power to impose obligations, prohibitions and penalties on telemarketing activities, the regulatory agency abuses its normative power, which is exclusively for regulating and inspecting telemarketing activities, does not cover telemarketing activities.”
The lawsuit brought by the ABT against the decision of Anatel
In the document, the entities require that the use of the prefix 0303 be limited to telecommunications companies regulated by Anatel, and that this does not include promotional calls to customers with whom they have a contract or who have allowed themselves to be contacted.
Moreover, the associations mention other Anatel initiatives – such as the Não Me Perturbe registration – that already allow consumers to block telemarketing calls.
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