On June 30th, 2017, the Executive Power in Paraguay passed on Law No. 5830, which protects phone services users from unwanted or unsolicited publicity, contact and offer of goods and services, a modality which has become very frequent in Paraguay. In effect, currently, many individuals and corporations, including big pharmacy chains, perfumeries, banks, mobile phone companies and financial institutions, send text messages to mobile phone owners massively, offering their goods and services, which is not only annoying to consumers, but which also demonstrates that our data is exposed and available to the public.
The objective of Law No. 5830 is the protection of owners and authorized users of telephone services from the abuses with respect to the procedures of contact, publicity, offer, sales and giving-away of unrequested goods and services. For said purpose, the Law establishes a National Registry within the Office of Consumer Defense (SEDECO) before which the consumers and users may request their registration in order to impede that providers make commercial contacts by means of their mobile phone numbers. Such registration is free of charge.
In order to verify that the data provided by the users is accurate, the Office of Consumer Defense shall have its own database, according to information provided by the Mobile Phone Companies in Paraguay.
The "PROVIDERS" (the individuals or corporations that perform commercial, manufacturing, import, distribution activities) shall verify the Register before sending any commercial messages to a given number of users or consumers, except when: the commercial contact have been performed within the framework of a current contractual relation between the consumer and the provider; or the commercial contact has been expressly authorized by the consumer.
The violation of the law is subject to investigation by the Authority of Application, the Office of Consumer Protection and eventual sanctions as well as the remittance of the antecedents to the Public Ministry.
The present Law has been regulated by Resolution No. 80/2018 from the Ministry of Industry and Trade, which:
- Implements the National Registry established by Law No. 5.830, under the name of "NO MOLESTAR" (DO NOT DISTURB);
- Establishes that the registrations and withdrawal of registrations will be free of charge and shall be performed in the web site www.nomolestar.gov.py.
- Set forth that the means of communications within the scope of the Registry: telephone calls, SMS or text messages, radio messages, messages via smartphones (Whatsapp, for example) and any other type of communication by means of a mobile phone.
- The providers have 30 days from the date of registration before the Registry, to stop any commercial contact with the corresponding phone number.
- The Office of Consumer Protection shall initiate an administrative procedure ex-officio, in which case the Office may accumulate complaints against the same PROVIDER in order to prosecute the case more rapidly.
- The establishment of a Registry of Infringers.
In addition, the Ministry has also issued Resolution No. 91/2018 approving the internal procedure for the prosecution of cases by the Office of Consumer Protection and an Annex for the PROVIDERS.
The Law, the two resolutions and the Annex can be found in the following link: (link a facebook or linked-in).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.