On September 15, 2023, the Plenary Session of Congress unanimously approved the Legal Opinion (hereinafter, the “Law”) that modifies sections d) and e) of article 58 of the Consumer Protection and Defense Code (in (hereinafter, the “Code”) in order to reinforce the prohibition of spam communications. It should be noted that the opinion of this norm had been observed by the Executive Branch, which is why it was finally approved at the insistence of Parliament.

In light of the above, with this modification of the Code, the use of call centers, systems for sending text messages to cell phones or systems for mass email sending for advertising purposes is prohibited, with the only exception being their sending to that consumer who has given prior, express, informed, and unequivocal consent. Previously, the legal proposal contemplated the possibility of obtaining such consent only when it was the consumer himself who contacted the company on his own initiative. However, the final wording of the Law allows the use of alternative methods to obtain such consent, such as a first contact communication or initial contact.

Finally, in no case may commercial proposals or visits be made between 8:00 p.m. and 7:00 a.m. or on Saturdays, Sundays and holidays, including those commercial proposals that have been previously consented to.

The approved opinion of the Law will soon be promulgated by the President of Congress and published in the Official Gazette El Peruano, from which it will come into force.

You can access the text of the final opinion of the Law  here. 

For more information contact:

Mario Pinatte  | CPB Partner | mpinatte@cpb-abogados.com.pe