Acouple of months ago, the modification of article 66 of the General Telecommunications Law came into force , which recognizes the right not to receive unwanted calls for commercial communication purposes , unless there is prior consent from the user to receive this type of call. communications.

However, after this legislative advance occurred for consumers, the reality is that this regulation has not eliminated the Whatsapp Database telephone spam to which they are subjected, since the Spanish Consumer Association (ASESCON) receives more than one query channel in its query channels. hundreds of questions and complaints regarding this matter.

For Miguel Angel Ruiz , president of ASESCON , from his point of view, the regulations have different possibilities through which companies, as an exception, can continue with this aggressive marketing activity. “And we are seeing this in the responses that consumers receive when they protest about this situation,” says Ruiz.

This Association indicates that, first of all, they can continue with the calls if the user has given their express consent. This occurs in the consents given in contracts or on the internet. Another exception is that of “legitimate interest”, by which, for example, a telemarketing company can rely on it when it concerns a client who already has a contractual relationship with the company and it is alleged that it is a security communication for avoid the fraud of an impersonating company and, in the process, sell a product.