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Brazil: Anatel issues precautionary measure to combat robocall calls

The National Telecommunications Agency ('Anatel') issued, on 3 June 2022, a Precautionary Measure No. 160/2022/COGE/SCO on robocalls, with the aim of reducing the volume of such calls, without affecting usual telemarketing services. In particular, Anatel created a sequence of measures to be followed by companies in order to curb the practice of outgoing robocalls, such as:

  • setting a period of 15 days for companies who use numbering resources improperly to adapt their activities, in order to stop the overload of calls to consumers without effective communication;
  • establishing that after this period, companies who make 100,000 or more daily calls lasting up to three seconds will be blocked;
  • the blocking will last for 15 days or until the company makes a formal commitment/agreement with Anatel to refrain from the improper practice, and presents the measures adopted to do so;
  • within 30 days, telephone providers must block calls that use numbers not assigned by Anatel, whether originating in their own network or coming from other providers; and
  • failure to comply with the imposed measures subjects telecommunications service providers and identified offending users to a fine of up to BRL 50 million (approx. €9.5 million) by Anatel.

You can read the press release here and the measure here, both only available in Portuguese.