Why you keep getting spam calls on your iPhone even though it’s illegal (and why you won’t stop)

If you’ve been watching the news in recent weeks, you’ll have read that business calls that don’t have the express consent of the person receiving them are ultimately illegal. However, I really expect that no. that And they won’t stop, you won’t receive them less frequently, and you won’t be able to report them.

Multinational companies tend to have good legal departments. They know they must prepare for any legal challenge, as with this ban. What would the phone company be without naptime calls? They have no intention of stopping, and they don’t have to..

Beware of telephone contracts

Let’s start with explicit consent. This clause indicates that if the person concerned agrees to receive a commercial call, it is completely valid. In other words, if you go to any of these companies’ website and fill out the typical “call me yourselves” form, they can do it. It makes sense. But this is not the only way to give consent. Furthermore, if you have a mobile phone contract, Most likely you have agreed to multiple trade callsAnd you didn’t even realize it.

When you sign what is known in my field as a contract for fixed telephony, mobile telephony, and Internet access communication services, it probably includes a clause where you authorize both the supplier company and the rest of the companies that make up the group to Contact you with trade offers.

In other words, if you sign a contract with Movistar, you will probably have authorized companies such as O2 and other companies belonging to Telefónica to contact you. Can you do something about it? no. Because you have given your “expressed consent”. This item Something better could have been written to avoid something like this. Anyway, deep down It doesn’t matter if you agree or not.. They will call you the same. It is about the scope of the law.

The key is outside the EU

As is logical, a law in Spain can be applied, at most, throughout the national territory, but compliance with it cannot be enforced in, say, Colombia, where we are located. Quite a few call centres That companies here end up subcontracting To be able to ignore this ban. I explain how the process is done.

When a spanish company hires the services of a call center Located in any country outside the European Union – which considers fines of up to Two million euros-, can generate a situation that exempts you from complying with the rule in Spain, because they are not the ones making the calls, nor is he the one making them here. The Spanish company can only be asked to confirm that call center Complies with the standard. And that’s what he does. how? Signing a contract.

Let’s say I have a cell phone company in Spain. I just found out about the ban on unauthorized business calls, and I want to be able to continue making them because It’s a good percentage of my company’s total income every year. What I’m going to do is contact a company in Colombia, for example, that provides a service call center.

Law fraud is the order of the day

To cover my back, I would sign a contract with said company in your country and not in Spain, which includes a clause stating that they can only make calls to people who have expressly agreed to them. Therein lies the problem: at the same time I will tell the company, without leaving it in writing, to contact whoever they want. Whether you agree or not.

This way, when someone files a lawsuit in Spain for receiving unauthorized business calls, I will claim that it is a clear breach of contract I signed in Colombia with the Colombian company.

I will be able to bring to the judge a copy of my contract which clearly states that: call center He was only authorized to call people who agreed to the call. The judge will not be able to do anything. First because I have complied with what is legally required of meAnd, secondly, because the service contract with the call center is signed in Colombia, which is outside its jurisdiction.

When I receive a few lawsuits and justice starts to doubt what I’m doing, I will terminate the contract with that company and sign with another out of the thousands out there. This way I can pretend I tried to fix it but I had bad luck. And if at some point, even if it is highly improbable, I receive a fine, I will pay it without problem, because With all these operations, he was going to get a lot more money than it cost to go through with it.. Here everyone wins. Except you, of course.

As you can see, spam calls have not and will not end. You will continue to receive them at the same frequency as before, although this may be the new law Throw some other companiesto. Anyway, there are always anti-spam filters you can install on your iPhone that do a good job.

at Applesphere | Receiving business calls after this time is illegal: we can report them or block them on the iPhone to avoid them altogether

at Applesphere | The end of spam is near with iCloud +’s Hide My Mail service