SINCE January 1 2022, it has been illegal in Spain for telephone operators to make sales calls to customers during ‘siesta time’. But despite this legal protection against being disturbed, Vodafone will have to pay out €6,000 to a man who took their nuisance calls to court. 

The Provincial Court in Zaragoza has passed down the landmark sentence, which will serve to protect consumers in the future from similar badgering. 

The first ruling in the case in favour of the plaintiff came in February, according to Spanish daily El País, but was appealed by the operator. Vodafone argued that the calls had been made by another firm that was pretending to be the operator for fraudulent purposes. 

But the ruling in the appeal found that Vodafone had presented no evidence of this imitation, and that the only purpose of the non-stop calls at all hours were an attempt to get the man to sign up to their services. 

Vodafone has opted not to appeal the ruling with the Supreme Court, meaning that it will have to pay the €6,000 to the plaintiff. 

These sales calls are one of the main complaints among Spanish consumers, according to El País. In response, operators have signed a series of codes of good practice but they are not binding. 

Jazztel (Orange), Vodafone and MásMóvil are the most-insistent operators when it comes to sales calls, but it is Vodafone that has received the highest number of fines from the Spanish Data Protection Agency. 

Earlier this year. Vodafone received a record €8.15 million fine after it failed to alter its marketing practices.

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