New Law Controls Spam
Emails, Text Messaging
and Telephone Cold
Calling
Every more and more
companies are sending
unwanted messages (email
and SMS messaging - text
messaging over a
cellular telephone - to
promote their wares and
services. Some welcome
these messages, but the
majority find them a
nuisance.
Messages like ICE - the
state telecom -
reminding its
subscribers that their
bill and the amount is
due and that of the INS
- the state insurer -
reminder of an expiring
insurance policy ar
welcomed. However,
messages promoting this,
that or the other, which
has no relation to the
user are frustrating.
The nuisance has gotten
to the point equalling
spam emails. According
to Fabián Mata, owner of
Go Integral Solutions, a
company that specializes
in communications, some
have gotten so upset
that they have called
the company to complain
and take legal action,
if necessary.
There are a number of
companies in the
business. Radio Mensajes
and Internet Pronto are
two of the largest,
using spam emails and
SMS messaging.
Orlando Artaga of
Internet Pronto assures
that his company abides
by the regulations of
spam emails and that all
their emails are sent to
customers who have
signed up somewhere.
The banks have also
gotten on the messaging
track. Credomaitc and
Citibank, for instance,
use messaging to promote
their credit cards. The
banks, however, don't
just stick to emails and
SMS messaging, they also
hire staff to make "cold
calls" to promote their
financial services.
In the industrial sector
of Pavas, in a unmarked
office building,
Servimas - the financial
arm of Wal-Mart that
services its Mas X Menso,
Hipermas and Maxi
Bodegas supermarkets -
dozens of commissioned
employees work off a
purchased list of
potential credit card
customers.
The "salesperson" makes
dozens of cold calls
daily, earning a
commission on every
"sale and delivery" of a
credit card product.
Credit ranges from cards
with a limit of ¢100.000
colones to millions.
The problem has gotten
so bad that the new "Ley
General de
Telecomunicaciones" (new
telecommunications law)
has an article
specifically devoted to
regulating unwanted
messaging.
Article 44 clearly
stipulates that messages
can only be sent to
those who have requested
such or customers who
have made a purchase or
a product or service and
has the right to be
taken off such a list.
The article also clearly
sets out that the
identity of the sender
cannot be hidden and
that the message contain
a link or address to
remove oneself from the
list.
The Ley went into effect
on June 30, making it
the first time the
country has had such a
regulation regarding the
practice of sending
unwanted messages.
Walter Herrera, director
de telecomunicaciones de
la Autoridad Reguladora
de los Servicios
Públicos (Aresep), says
that the public now has
a way of stopping
unsolicited messages.
Herrera added that if a
customer asks a caller
to please stop, the law
requires the company to
stop, a right the
citizen now has under
law, and using the state
telecom system, ICE, can
track offending callers
and appropriate action
taken.
The fine for continuing
the practice can be from
.025% to .50% of gross
income.
For the time being, the
Aresep is taking
complaints, however,
once the
Superintendencia de
Telecomunicaciones (Sutel)
- telecomunications
superintendency begins
operations - people can
make their complaints
there and it will be the
responsibility of ICE to
take measures to stop
the abuse. |