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Sunday 30 November 2008, San José, Costa Rica 

New Law Controls Spam Emails, Text Messaging and Telephone Cold Calling
New Internal Affairs Unit Will Investigate Corrupt Traffic Officials
Sun Shines On Limón
Volunteers Clean Up Downtown San José
Costa Ricans Full of Credit Card Debt
Congo and White Faced Monkeys Repopulate Santa Rosa National Park
San Ramon - La Fortuna Road Closed
 
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.
 
 

 

 

 
 

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