Il Garante della Privacy ha multato per 60.000 euro una società che effettuava telemarketing dopo aver acquisito illegalmente 100mila contatti e senza aver verificato che questi non fossero iscritti nel registro delle opposizioni (1)
Per capire il fenomeno: 32.600 telefonate erano state fatte e 300 contratti stipulati per l’energia elettrica. Il Garante, oltre la multa, ha ingiunto la cancellazione dei dati acquisiti e il controllo del rispetto delle norme sulla privacy. Questo significa che i 300 contratti stipulati rimangono tali a tutti gli effetti e, al momento, non si sa chi sia questa azienda e, soprattutto, per quali fornitori di energia elettrica lavoravano…. visto che il garante non ha dato queste informazioni. E’ certamente un bene che ci sia stata questa multa, ma siccome rimangono i 300 contratti e i guadagni incamerati da questa azienda per la stipula, non è da escludere che questi guadagni siano superiori all’importo della sanzione… per cui al nostro telemarketing è convenuta questa operazione e, magari con maggiori accorgimenti vista l’esperienza di oggi, continuerà nello stesso modo per futuri guadagni. Il garante è una sorta di gatto che va alla caccia di topi che diventano sempre più scaltri… ed è un gatto che non ha le unghie sufficienti per azzannare la preda. Unghie che, oltre la metafora, sono le sanzioni, che se fossero molto più alte e magari commisurate al bilancio di chi commette questi illeciti, non indurrebbero ad essere considerate come una sorta di pizzo che queste aziende pagano allo Stato per continuare la propria attività illecita.
COME PREVENIRE
Nel frattempo, visto che a fine giugno finisce il mercato tutelato della luce e i vari venditori sono sguinzagliati, anche se non sono tutti come quello oggi sanzionato, si tratta pur sempre di un potenziale mercato di 4,5 milioni di utenti che sono ancora nel mercato tutelato (il 15% del totale – 2) che possono essere aggrediti.
Il consiglio è uno solo: anche se è più comodo, non conviene stipulare contratti via telefono o con venditori porta a porta, ma affidarsi solo al web e ai negozi in presenza, prendendo tempo per fare le proprie verifiche (sul portale ad hoc dell’Autorità per l’energia, Arera – 3)… tanto se non si stipula un nuovo contratto del mercato libero entro fine giugno, c’è tempo ancora tre anni per farlo, che nel frattempo si viene posti in un mercato di transito a tarigge agevolate sempre gestito da Arera.
1 – https://www.aduc.it/notizia/telemarketing+garante+privacy+multa+call+center_140019.php
2 – https://www.aduc.it/articolo/mercato+libero+energia+elettrica+che+succede+questi_37049.php
3 – https://www.arera.it/consumatori/il-portale-offerte
Vincenzo Donvito Maxia – presidente Aduc
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