BETWEEN THE RIGHT TO COMPLAIN AND ABUSE OF RIGHTS IN CONSUMER RELATIONS: ROBOCALLS, VOIP AND CIVIL LIABILITY IN ABUSIVE TELEPHONE CALLS

Abstract

The advancement of telecommunications technologies, especially the widespread use of smartphones, Voice over Internet Protocol (VoIP) services and automated dialing systems (robocalls), has deeply transformed consumer relations in Brazil. On the one hand, these tools expand access to information, services and credit; on the other hand, they have been used abusively by telemarketing companies, financial institutions and, in many cases, by criminal organizations. Consumers are constantly exposed to insistent calls, silent calls, short-duration calls, repeated debt collection attempts and potentially fraudulent approaches. This scenario blurs the thin line between the legitimate exercise of the right to inform, collect debts and offer services, and the abuse of rights in consumer relations. This article aims to analyze, in light of the Brazilian Consumer Defense Code (CDC), the General Data Protection Law (LGPD) and the regulatory performance of the National Telecommunications Agency (Anatel), to what extent these practices violate consumer dignity, data protection rules and the duties of quality and safety in the provision of telecommunications services. It also examines the civil liability of operators that use or enable the use of VoIP technology for scams and fraud, as well as the existing protective mechanisms – such as the “Não Me Perturbe” (Do Not Disturb) registry, Anatel’s administrative measures and the role played by consumer protection agencies and the Judiciary. In conclusion, the article argues for the strengthening of specific regulation for VoIP, the improvement of control mechanisms over robocalls and the consolidation of case law that reaffirms consumer protection as a central value in the face of the misuse of new communication technologies.