Anacom issued a statement responding to the «countless» complaints that have been coming in with complaints about mobile entertainment services, which offer ringtones, games, music, etc.
Anacom explains that the complaints refer mostly to situations in which the consumer when requesting a ringtone, an image or other mobile content is added to a premium service that, once activated, is automatically renewed every week to deliver unsolicited content.
«The situation reported is characterized, in general, by the fact that users of the mobile telephone service receive, repeatedly, on their mobile phones, ring tones, images or other information – following either a registration made on the Internet or sending a short message «, explains the statement.
The regulator clarifies that the matter is not within his competence and refers complaints to the Instituto do Consumidor, also reminding consumers that, since some of these services may support their activity in the practice of illegal acts with a criminal nature, the latter must also consider the presentation complaints to the police or prosecutors.
In the same communication, Anacom admits that the removal of inadvertently activated services is «very difficult, or even impossible». In view of the data presented, the regulator considers that the complaints received may violate the Decree-Law that regulates contracts concluded at a distance and at home (DL nº143 / 2001), the consumer protection legislation (DL nº330 / 90 or even the code advertising, but sends the complaints to the competent entities: ASAE – Food and Economic Security Authority and Instituto do Consumidor.
It should be added that Anacom is responsible for supervising «the activity of companies that offer electronic communications services or networks, and not the content of the communications transmitted», as also detailed in the statement.
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