SpainTexto refundido de la Ley General para la Defensa de los Consumidores y Usuarios (TRLGDCU), Commercial Telephone Calls: Calling Hours, Identity, Automated Calls and Fax, and Identifiable Numbers (Article 96(2), (3) and (5))
Real Decreto Legislativo 1/2007, art. 96(2), (3) and (5)
In force since .
A telephone contact rule binding private bodies.
- Obligation class
- Consent, Disclosure, Prohibition
What it requires
- Do not make commercial telephone calls to a consumer or user before 09:00 or after 21:00, or on public holidays or weekends (Article 96(2)).
- At the start of any commercial telephone conversation, state your identity, or the identity of the person on whose behalf you call, and the commercial purpose of the call (Article 96(2)).
- Obtain the consumer's or user's express prior consent before you use an automated calling system without human intervention, or fax, for a commercial communication (Article 96(3)).
- Do not make commercial calls by other systems without consent to a consumer who chose not to appear in the electronic communications directories, exercised the right that the data there not be used for advertising or commercial prospecting, or asked to join the common files excluding commercial communications (Article 96(3)).
- Make an unwanted commercial offer by telephone from an identifiable telephone number (Article 96(5)).
- On the first commercial offer, inform the consumer of the right to object to new offers and to obtain a reference number for the objection, and keep the data of the users who objected, with the reference numbers, for at least one year (Article 96(5)).
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
What this law does
Article 96(2) requires the business, at the start of any telephone conversation with the consumer and user, to state its identity, or the identity of the person on whose behalf it calls, and the commercial purpose of the call. Article 96(2) also bars commercial telephone calls before 09:00, after 21:00, on public holidays and on weekends.
Article 96(3) makes the use by the business of an automated calling system without human intervention, or of fax, subject to the prior express consent of the consumer and user.
Article 96(3) gives the consumer and user the right not to receive commercial calls made by other systems without consent, where the consumer chose not to appear in the electronic communications directories, exercised the right that the data there not be used for advertising or commercial prospecting, or asked to join the common files excluding commercial communications. Article 96(5) requires an unwanted commercial offer made by telephone to be made from an identifiable telephone number.
Article 96(5) requires the caller to inform the consumer and user, on the first commercial offer, of the right to object to new offers and to obtain the reference number of the objection. Article 96(5) requires the sender to keep for at least one year the data of the users who objected, with the reference number given to each, and to make it available to the competent authorities.
Article 47(s) lists as an infraction the use of communication techniques that require the consumer's prior express consent or the absence of opposition, where that circumstance is missing. Article 48(2)(b) qualifies the infractions of article 47(s) as serious, unless they count as very serious under the third paragraph of article 48.
Article 49(1)(b) fines a serious infraction between 10,001 and 100,000 euros, and the fine may exceed that range up to four to six times the unlawful benefit obtained.
When LexLint raises it
When your app profile says your app places automated calls or sends faxes.
Back to the example · Lint your app
Page updated .