Energy telemarketing: legal experts say consent obtained before the reform is valid
Among legal experts, the view is gaining ground that companies may use the consents obtained prior to the Bollette Decree
Companies can make telemarketing calls to offer energy services, drawing on the consent obtained from consumers in the years prior to the Bollette Decree. This is an approach adopted by telecoms operators based on an interpretation of the legislation that has been endorsed by many of the sector’s leading legal experts. This was revealed during an event at the Senate on 20 July.
This is a key issue for companies which, following the ‘Bollette’ decree, found themselves in difficulty, as it was unclear how they could continue to carry out telemarketing for energy services. As is well known, the decree only permits calls for this purpose to users who have requested them or to the operators’ existing customers. Telephone operators have repeatedly, through the Asstel association, highlighted the problems with the regulation, deeming it discriminatory and distorting of competition.
One solution that has been found allows companies to continue processing data relating to users who have previously given their consent to such calls, whereas a stricter interpretation of the decree might require new, ad hoc consent to be sought.
A leading figure in civil law such as Ugo Ruffolo (University of Bologna) considered it appropriate to rely on previous consents, as they are analogous (in legal terms) to the new ones. This is therefore also a matter of safeguarding consumer freedom, as well as that of businesses, as confirmed by the professors of constitutional law Carlo Colapietro (Roma Tre) and Filippo Donati (University of Florence).
Please note: this does not mean that the decree has had no effect. In fact, as Colapietro points out, it is no longer possible to use consent obtained from third parties, but only that which operators have collected directly from consumers. A typical example: consent linked to a mobile phone contract, enabling the provider to also offer that customer a discounted energy package.
