Dealing with  telephone spam  can feel like an uphill battle. Despite initiatives like the Robinson List and various call filters, many consumers still find it impossible to eliminate these unwanted calls completely. As we entered 2023, hopes were high for the implementation of a new anti-spam law. However, those hopes were quickly dashed as the unwanted commercial calls continued to flood in. Fortunately, there has been recent movement in the fight against spam; in July 2023, the first fines were issued under this legislation, marking a significant step forward in consumer protection.

The Case. In July 2023, shortly after the anti-spam law went into effect, a digital marketing company known as  Adverbis Spain SL  found itself in hot water. The company made an unsolicited call to an individual who was registered on the Robinson list, a directory designed to prevent unwanted marketing calls. The individual reported the incident to the  Spanish Agency for Data Protection (AEPD) . As a result, Adverbis was fined  €5,000  for violating the regulations. This fine marks an important milestone—it’s the first fine imposed under the new law.

Notification to Spammers. While this isn’t the first time we’ve discussed fines for telephone spam, this represents a critical turning point as it’s the initial penalty enacted since the new law came into force. For two long years, users felt that the regulations had insufficient power against persistent spammers, a sentiment echoed by the increasing volume of unsolicited calls. However, this recent fine sets a  precedent . It may usher in the much-awaited change that consumers have been longing for.

The Law. The anti-spam legislation specifies that companies must refrain from making commercial calls without obtaining prior consent from the individual being called. Violations of this law can result in fines reaching up to  €2 million , depending on the company’s size. In the case of Adverbis, the fine was lower due to its status as a small company, but larger operators could face significantly stiffer penalties.

How to Report. As this case illustrates, reporting spam to the AEPD works, even if the processes take time. Should you receive unsolicited commercial calls and wish to  report  them, you can find a section on the AEPD’s website titled “Receipt Advertising Phone Calls” dedicated to these complaints. Ensure to take screenshots showing the phone number from which the call originated, and record the call as evidence.

Image | Mikhail Nilov, Pexels

In conclusion, while the battle against spam calls continues, recent developments indicate that tangible action is being taken. The issuance of fines under the anti-spam law presents a newfound hope for consumers who have suffered from relentless nuisance calls. It demonstrates a governmental commitment to protect citizens from incessant marketing efforts and empowers them to take a stance against such intrusions. As awareness grows and more individuals report violations, we may eventually see a drop in these unwanted calls, leading to a more peaceful phone experience for everyone.



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