SpainTexto refundido de la Ley General para la Defensa de los Consumidores y Usuarios (TRLGDCU), Contracts Concluded by Telephone after Unsolicited Calls (Article 62(1) as rewritten by Ley 10/2025)
Real Decreto Legislativo 1/2007, art. 62(1)
In force since .
A telephone contact rule binding private bodies.
- Obligation class
- Consent
As of .
What it requires
- If you conclude contracts with consumers and users by telephone, comply with the rules on unsolicited calls (Article 62(1)).
- Obtain or renew the consumer's consent to the call expressly at least every two years: where consent was not obtained or renewed expressly in the two years before the communication, the text deems there is no consent to the call that leads to the contract (Article 62(1)).
What this law does
Article 62(1) presumes that there is no will to contract, and makes the contract void, in contracts concluded by telephone in breach of the rules on unsolicited calls. In any case, it deems that there is no consent to the call that leads to the contract if that consent was not obtained or renewed expressly in the two years before the communication.
For loans or credits with financial entities where the contract has been perfected and the sums lent delivered, a breach of the rules on unsolicited calls instead applies the statutory rate of interest to the contract, and an agreed rate that is lower is kept. Final provision 3 of Ley 10/2025, de 26 de diciembre, rewrote article 62(1). Ley 10/2025 entered into force the day after its publication.
When LexLint raises it
When your app profile says your app sends automated outreach.