Peru consumer agency fines insurance firm over S/118,000 in spam calls

Peru's consumer protection agency, Indecopi, has confirmed a fine of S/118,195 (21.49 UIT) against Pacífico Compañía de Seguros y Reaseguros for making unsolicited commercial calls to consumers.

The agency found that the insurance company contacted 1,395 individuals nationwide to promote its products without obtaining their prior, informed, express, and unequivocal consent. Indecopi's decision was based on an analysis of over 11,000 call recordings, which revealed a significant number of communications made in violation of regulations.

Pacífico Seguros had argued that the calls were made by a contracted third-party call center and that they possessed records proving consumer consent and internal oversight mechanisms. However, Indecopi's Consumer Protection Appeals Chamber concluded that these elements did not sufficiently demonstrate that consumers had authorized receiving such calls.

The Chamber also emphasized that outsourcing the service does not exempt the provider from responsibility, as the communications were made in its name, interest, and for its benefit. While the company can still challenge the decision in court, the fine has been upheld as the final administrative decision by Indecopi.