Ban on Telemarketing in the Czech Republic: How to Deal with Annoying Callers

It’s been nearly two years since the Czech Republic banned telemarketing, but unwanted phone offers haven’t disappeared entirely. How can you effectively resist these annoying calls and even get compensation?

On July 1, 2022, Law No. 374/2021 Coll. on Electronic Communications came into force, introducing a complete ban on telemarketing and imposing heavy fines for violations. This ban covers not just phone calls but also SMS messages and emails.

Despite this, the Czech Telecommunications Authority (ČTÚ), responsible for monitoring and fining violators, has received a total of 1,927 complaints about 3,568 spam attacks over the past two years.

ČTÚ spokeswoman Eva Merava confirms that the agency has issued seven final fines totaling 2.3 million crowns, with the largest fine being 2.2 million crowns. This hefty fine was given to the Polish company Asmanta Call Center Spółka z ograniczoną odpowiedzialnością for their automated calls promoting photovoltaic sales. According to the ČTÚ order, the company’s robot caller, claiming to be from DFC Consulting, was unable to answer questions coherently. Over 100 recipients of these repeated calls recorded conversations, took screenshots, and filed complaints with ČTÚ.

In what other cases can companies engage in telemarketing?

Even if a customer hasn’t agreed to have their contact information published on a public list or used for marketing, companies can still contact them.

The law also does not apply to telephone surveys. Therefore, you can still get a call from a company conducting, for example, sociological or marketing research. However, the survey cannot lead to an offer of services or products during the call. So, for example, if someone asks you about your experience with a personal loan, they cannot suddenly start offering you a favorable loan for a new car.

Who can’t use your phone number for telemarketing purposes?

No company or individual in the Czech Republic who has received your telephone number from a list that is publicly available has the right to contact you by telephone. Almost anyone can create such lists and then publicly post them on a website or similar location. The state does not regulate this activity in any way.

You can access the public directory through your telephone service provider, who provides telephone numbers to the organization that maintains the public directory. The organization always provides these numbers upon request and for a fee. However, the operator can only transmit numbers whose owners have agreed to the disclosure of information and marketing. As previously mentioned, almost anyone can create such lists.

What is a public subscriber list?

The Electronic Communications Act and Article 12 of Directive 2002/58/EC define a public subscriber list as a directory that allows anyone to find detailed contact information about a person based on their name or a few identifying details. This list must be publicly accessible.

Importantly, this definition does not include:

• The collection consists of randomly generated phone numbers, devoid of any other identifying information.
• If the owners have not consented to their data being used for marketing purposes, the list will only contain identifying information, such as names.

The ban on unsolicited marketing contact applies to all subscribers of public lists, whether they are individuals or businesses, and regardless of whether they have a commercial agreement with their phone service provider.

How can you determine if a marketing call is prohibited?

If you are not sure whether a call is unauthorized, use the following tips:

• You did not actively consent to marketing calls in a public directory, but you still receive a call offering products or services.
  
• You are receiving a call from a company with which you are not affiliated in any way, have not entered into contracts, have not made purchases, or have participated in competitions.
  
• When you ask a caller where they got your phone number, they will name the source of the contact: a public directory, the Internet at large, or a randomly generated number.

If someone has distributed your number online and you don’t want calls, what should you do?

Protecting yourself from unwanted offers via phone number or email is quite simple. Just explicitly state on the website that you prefer not to receive telemarketing calls in addition to regular phone contact. You can also write that this phone number is only for your clients, regular suppliers, etc.

You can do the same with published email addresses. Telemarketers are prohibited from using not only your phone numbers from public lists but also other listed contacts, such as your email address. If your website lists your email address, along with that of your employees, it should also do the same for phone numbers. Place an announcement on your website stating that only clients or a specific category of people can contact you.

Protecting your number from unwanted calls

You can follow these easy steps to prevent telemarketing calls if someone has shared your phone number online:

1. Website Notice: Make it clear on your website that you prefer not to receive telemarketing calls. You can specify that the phone number is only for clients, suppliers, or other specific contacts.
   
2. Email Disclaimers: The same principle applies to published email addresses. Prohibit telemarketers from using both your phone numbers and email addresses on public lists. Include a disclaimer on your website if you list email addresses, indicating that only clients or a specific group of people should make contact.

Why this is important:

Under Czech law, telemarketers cannot contact you if you have publicly indicated that you do not wish to receive unsolicited marketing calls. By taking these proactive steps, you establish a clear preference and strengthen your legal protection against unwanted calls.

How to stop unwanted calls: Your rights under Czech law

Even with a two-year telemarketing ban in place, unwanted calls persist. The Czech Telecommunications Authority (ČTÚ) offers advice on how to handle them:

1. Document the call: If possible, start recording or take a screenshot of your phone’s display.
2. Gather information: Ask who is calling, why they are calling, and where they got your number. Avoid answering their questions.
3. State your refusal: Firmly express that you are not interested and do not consent to marketing calls. Mention that you have not given consent to any public list and are unaware of any permission to process your personal information.
4. Revoke consent: If they claim to have your consent, state that you have revoked it and will confirm it in writing.
5. End the call: Hang up immediately, noting the time and caller’s number. Save any recordings or screenshots.
6. Block the number: Use your phone’s features to block calls from that number.
7. File a complaint: Report the incident to ČTÚ.

You can contact ČTÚ in person, by mail, email, data box, contact form, or telephone. Include the following in your complaint:

• Your full name
• The call’s date and time
• The call’s purpose
• Company name (if known)
• The caller’s phone number
• Your phone number
• Your mobile operator
• Your contact information
• Any additional details (attach recordings or screenshots)

Source

https://www.mesec.cz/clanky/s-nabidkami-po-telefonu-uz-vas-nesmi-obtezovat-jak-se-branit-volacum-kteri-jeste-neprestali/?utm_source=newsletter-html-w&utm_medium=text&utm_campaign=2024-06-09