ANATEL: Subsidies on use of Code 0304 for calls related to charges open

• ANATEL Subsidy Call No. 22/2023 on Code 0304 for Debt Collection Calls
• Aims to gather impressions on the implementation of 0304 to identify debt collection calls, just as 0303 already identifies active telemarketing.
• Code 0304 will affect all sectors that collect by phone call, for example: stores, companies, banks, offices, hospitals, health plans, telecom service providers, credit unions, credit card companies, insurance companies, collection agencies, among others.
• Deadline for contributions to the Participa ANATEL System will close on 09/09/2023

The National Telecommunications Agency (ANATEL) made the Subsidy Call No. 22/2023 available last week, with the purpose of collecting impressions from the general public on the implementation of the Non-Geographic Code 0304, for the identification of telephone calls made for debt collections, along the lines of the existing 0303 for active telemarketing calls (see here).

The initiative is in line with ANATEL Act No. 15,314, of November 4, 2022 (see here), which allocated, in technical reserve, the “304” for the Non-Geographic Code, aimed exclusively at debt collection activities, having been endorsed by the then Counselor Emmanoel Campelo, who understood that “the collection activity is offensive in equal or greater weight than telemarketing”.

The Agency illustrates the need for a measure to continue the fight against unwanted calls, through graphs prepared by Truecaller, which show that Brazil, in 2021, led the ranking of countries affected by spam calls, which are those standardized and automatically generated.

Among the calls, those originating from banks, credit unions, credit card companies, insurance companies and collection agencies stand out negatively: From this data the Agency proposed 9 questions, among which we highlight:

• From the consumer’s perspective, does identifying the call’s purpose by means of a specific numerical code (e.g. 303 for calls originated by telemarketing companies) assist in the decision to answer the call or not?

• Is there a need to identify a billing or telemarketing company through specific numbering if the call meets the criteria for authentication and identification of the calling company, to be established by Anatel?

• What are the risks and impacts related to blocking the call origination capacity of entities that make mass calls without using the specific numbering resources addressed in this Call for Subsidies? What other parameters could be considered for this possible blocking?
  
• Have the regulatory measures adopted so far, such as the adoption of 0303 and blocking callers over 100,000 calls per day, been sufficient?

The ANATEL Subsidy Notice No. 22/2023 will be open for contributions through the Participa ANATEL System until 09/09/2023.

The full text of the subsidy call can be found here.

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Contact
Gabriella Salvio – gabriella.salvio@soutocorrea.com.br