The protection of the consumer opposite to aggressive practices for telephonic harassment

Abstract

The legislator, conscious of the existence of an aggressive advertising for telephonic harassment that, in many cases, makes the consumer defenseless, has decided to regulate and to demand of the businessman or professional, that it foresees a technical system of witness of the opposition of the particular, potential consumer, since also it has delimited juridically the legal previous actions for conciliation or later by means of the exercise of the actions of cessation against the above mentioned improper practices for telephonic harassment.

The legislator sensitized by this troublesome practice, transposing the community regulation, has sought with the Law 29/2009, of December 30, by that there is modified the legal regime of the disloyal competition and of the advertising for improvement of the protection of the consumers and users, to modify the Law 3/1991, of January 10, of Disloyal Competition, providing it with a new and updated content, incorporating, specially the community regulation on rights of the consumers. The new article 29 of the norm considers disloyal practice for harassment, or aggressive practice for harassment, «to realize offers not wished and repeated by telephone». The rule demands from the businessman or professional (Movistar, Orange, Vodafone, etc.) that it uses, in these communications, «systems that allow the consumer to leave witness of his opposition to continuing receiving commercial offers of the above mentioned businessman».