The telecommunications company, Entel, was fined 45 UIT (S / 193,500). This was determined by the Consumer Protection Commission No. 3 (CC3) for promoting their products and/or services by phone calls and text messages without the explicit consent of their consumers.
As Indecopi mentions, the Consumer Protection and Defense Code, a document by which the rights of customers of any type of service are validated, the spread of this type of advertising, is classified as «an aggressive commercial method».
The case originated after a group of clients of the telecommunications company reported on the situation, generating a report to Indecopi’s Supervision and Inspection Management (GFS). Those carried out the necessary investigations and this activated the alarm of what would be a CC3, which was configured to open a sanctioning administrative proceeding.
On the other hand, the company has defended itself, alleging that during the investigation process they have adopted measures to remedy the effects of the infraction committed. In addition, the search for evidence found that some of the consumers had agreed to receive promotional communications.
Right now the process is within the appeal period, which, if presented, would be taken into consideration by the Specialized Chamber for Consumer Protection.