Report commercial calls: The fight against telephone spam

If you're tired of receiving spam calls, you'll be happy to know that you can now report commercial calls and prevent this from continuing to happen. It must be clarified that not all commercial calls are prohibited or illegal. But, when they are done without your consent, things change. Let's see how you can fight this.

Fortunately, the General Telecommunications Law in Spain has regulated commercial calls. In fact, since June 2023, this Law prohibits practically all calls made without consent. This is for the purpose of protecting the rights and privacy of users. If the consumer has not requested a particular service, the call cannot be placed (in theory).

Is it possible to report commercial calls?

The truth is that, currently, yes it is possible to report commercial calls and get rid of this annoyance once and for all. And, although in reality most of the people behind the phone are just doing their jobs, there are circumstances in which taking legal action doesn't hurt.

Occasionally, we receive spam calls where we are offered services that we have not requested. This may happen because, indirectly, we have given authorization for third parties to call us to advertise their products. Unfortunately, it often happens that We accept these conditions without knowing what it will mean for our privacy or peace of mind.

But the truth is, if we have not given conscious permission for them to call us, the call is illegal. Sometimes it's just enough Contact the company that is calling us and ask them not to do it again. But, frequently, this is not enough and other, firmer measures must be chosen.

What is telephone spam?

Now, to better understand why some commercial calls are legal and others are not, you have to know what telephone spam is. Telephone spam is considered unsolicited calls that are made for commercial purposes. They are usually made from an unknown number or alter the caller ID to confuse the customer.

In short, telephone spam It is done to achieve the following:

• Promote unwanted products or services
• Obtain personal information
• Commit fraud or financial scams

As you can see, the spam calls, apart from being annoying, repeated or harassing, They can attack your integrity. Actions such as identity theft or bank fraud can be achieved through this type of calls. For all this, let's see how you can report commercial calls.

How to report commercial calls made without consent?

If asking commercial companies to stop calling you hasn't worked, then you can record and report these calls. The Spanish Data Protection Agency is the body in charge of handling your complaint. To do this, you must enter the official website of the agency and meet the following requirements:

• Identification of the company that is behind the call. You will need to know the name of the company, have a screenshot of the number that is calling you along with the date and time of the call.
• Number of the telephone line they are calling. You will have to prove with an invoice or contract that you are the owner. Otherwise, you need a signed statement from the owner of the line.
• Evidence that an illegality has been committed. You can send a recording of the spam call you received.
• The call must be made after June 30, 2023. If it was made before that date, you must have been enrolled in an advertising exclusion service.

So, in case you have decided to report commercial calls to the AEPD, make sure you have one or more recordings of the calls that you have received. Likewise, do not forget to take screenshots where you can clearly see the number and identification of the entity that is communicating with you.

Steps to report commercial calls to the AEPD

Once you have met the requirements mentioned in the previous point, you must enter the website of the Spanish Data Protection Agency. This way, you can report commercial calls made without your consent. Next, we leave you the steps to make the complaint from the web:

1. Enter the AEPD page
2. Tap on I am a citizen
3. Now select Claims
4. At the entrance Advertising and commercial communication tap on Access and then in Continue
5. Next, choose the option I receive advertising telephone calls
6. Tap on Claim before Autocontrol
7. Fill out the form and that's it

Currently, the Association for the Self-Regulation of Commercial Communication or Self-Control, has a Code of Conduct for Data Processing in Advertising Activity. This means that Autocontrol is responsible for receiving complaints, mediating with the company and responding within 30 days.

However, for the complaint to have a greater effect, The entity that is calling you must adhere to the Code. If it is not, Autocontrol can also mediate between you and the entity, but it cannot ensure that the results are the same as with the affiliated entities. In fact, the company would not be obliged to submit to the imposed conditions.

The calls that you will not stop receiving even if you report

Finally, keep in mind that there will surely be times when you will receive these types of calls. And they won't necessarily be illegal. If these calls meet the exceptions, then the option to report commercial or spam calls will not be open. Now, what are these exceptions?

On the one hand, when you have stopped using a telephone company. In fact, the General Telecommunications Law has established a period of 12 months so that the company can call you without consequences. To what end? Retain you or make you return to being a customer of theirs. Now, at the end of that time, the conditions will be the same as those of other companies, you will have to give your authorization to receive their calls.

Finally, remember that There are people who pose as real companies to commit scams. These calls are made with the purpose of stealing your identity, obtaining personal information or banking details. Although it is obviously illegal, the truth is that it is very difficult (if not impossible) for them to stop calling.