The The National Court has confirmed two fines for 30,000 euros imposed by the Spanish Agency for Data Protection (AEPD) to two telemarketing companies subcontracted by Orange for offering the product Jazztel to customers who had requested their exclusion from the call list.
The Contentious-Administrative Chamber rejects the resources of the companies -Global Telemarketing Solutions and Crosseling Operators- considering that they incurred a «Serious lack of diligence» for not verifying that the users among those who marketed the services by telephone had expressed their willingness not to receive communications of this type.
In the first sentence, the magistrates recall that the plaintiff had expressed in April 2013 his refusal to receive advertising calls by inscribing his telephone number to a common file known by the name of «Robinson List».
Two years later, Jazztel He confirmed the exclusion of the client from the list, which did not prevent telemarketers from contacting him again only a few months later. Some calls that were not questioned during the procedure by Global, who however argued in his defense that they were made because the individual had requested information via the Internet.
Allegation that rejects the room that, although it does not deepen in the intentionality of the fault, underlines the lack of diligence of the company, which "despite dedicating itself to the telephone marketing he did not consult, as was his obligation, the common file of exclusion of publicity actions in which the plaintiff's telephone was written ".
Likewise, as the newspaper El País said yesterday, it understands that the sanction is proportionate to the damage caused to the client, who in his complaint to the AEPD said that «A person who works in shifts, receives commercial calls in different hours that reveal him and then it costs him to sleep».
In similar terms, it is expressed with respect to Crosseling, company that had its outsourced services with Global despite not having the authorization of Orange, and to which now the judges ratify the amount of the fine.