The Ministry of Consumer Affairs opens proceedings against a large telecommunications company for abusive clauses

BarcelonaThe Spanish government's Ministry of Social Rights, Consumer Affairs and Agenda 2030 has opened a case against a large telecommunications company –the name is not specified– for having carried out a series of practices that are considered abusive.

In a statement issued this Friday, the department led by Pablo Bustinduy also does not detail what type of malpractice is being investigated, and ministry sources consulted by ARA limit themselves to pointing out that the information that can be provided at this time is limited, as it is a case that is still ongoing. Without pointing to specific actions, the department only says that abusive clauses are "all those stipulations not negotiated individually and all those practices not expressly consented to that, contrary to the requirements of good faith, cause, to the detriment of the consumer and user, a significant imbalance of the rights and obligations of the parties arising from the contract".

In the event that the malpractice is confirmed, the company in question would face fines that could reach one million euros for each of the actions committed, or a penalty that would multiply the illicit profit obtained by six to eight times.

Mandatory nature of a new commercial prefix

Coinciding with the opening of this file, the Ministry of Consumer Affairs has reminded that, starting this Saturday, October 17, a new regulation to protect citizens' rights will come into effect. From now on, companies offering products or services through phone calls will have to identify their numbers with the 400 prefix, in application of the Customer Service Law (the SAC law), in force since the end of last year. Furthermore, phones with this prefix will only be able to make calls, but not receive them.

On the other hand, the SAC law establishes that all contracts closed through unsolicited phone calls shall be declared null and void, a measure that, in the eyes of the Spanish government, aims to prevent consumers from feeling "pressured" by this type of message. In this way, the executive also seeks to discourage companies in the sector from relying on this method when trying to acquire new clients.