Brazilian Anatel Affirms Mandatory Robocall Blocking

The Brazilian National Telecommunications Agency (Anatel) issues a precautionary resolution to combat robocalls. They have been addressing the robocalls issue via a monitoring process aimed at mitigating the problem. They have been working with the major telecommunications service providers which were the main offenders at the time. 

One of the initiatives that were introduced was the “Do Not Disturb Me” platform. This allows users to register if they do not wish to receive telemarketing calls. Anatel also worked with providers to improve the mechanisms for controlling and sanctioning commercial partners such as non-payment, fines, and disqualification for repeat offenders.

Precautionary Resolution

It will be considered improper use of numbering resources and telecommunications services if technology solutions are used to trigger massive call volumes. This includes calls higher than the human capacity for dialling, answering, and communication whether they are not completed or completed and disconnected within 3 seconds by the originator. 

Any providers of telecommunications services covered by this order must:

  • Block calls that do not use numbering resources assigned by Anatel within 30 days of its notification. This includes calls that originate from their own network or from an interconnection. 
  • Identify and send to the Agency, within 10 days, the list of users that, in the last 30 days, generated 100,000 or more calls per day with duration of 0-3 seconds. 
    • This needs to include information about the volume of daily calls with such characteristics
  • When they have identified users who generate at least 100,000 calls in a day with a duration of 0-3 seconds, providers must block the origination of call for a period of 15 days. 
  • Send a report to the Agency every 15 days about:
    • The users that were blocked and the respective numbering resources used
    • Traffic volume
    • Call blocking dates

Any provider found to not be complying with these measures could be fined up to 50 million reais (approx. $1,000,000 USD). 

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