Peru has amended the Consumer Protection Code, labelling bulk SMS and automated outbound‑call advertisements delivered without users’ explicit consent as aggressive commercial practices ranked as extremely serious offences. Regulators may impose penalties directly. This legal provision forms a key compliance reference for Peruvian marketing‑focused A2P communications. Nevertheless, it only defines illegal conduct and penalty thresholds; technical obligations including network filtering and traffic traceability are covered by separate regulatory instruments.
Enacted in 2010, Peru’s Consumer Protection and Defence Code (Ley N°29571) constitutes the foundational domestic statute for consumer rights. Article 58 defines aggressive commercial practices, and subsection 58.1(e) bears close relevance to A2P operations. The provision was amended in May 2025 via Law N°32323. It stipulates that enterprises conducting marketing campaigns via SMS, automated outbound calls or email must obtain prior, informed, explicit and non‑presumptive consent from end‑users, who retain the right to revoke consent at any time. Unsolicited marketing SMS and robot‑driven outbound calls are automatically deemed unfair aggressive commercial conduct. Regulator INDECOPI may launch administrative penalty procedures pro‑actively without waiting for consumer complaints.
This category of infringement qualifies as an extremely serious violation. The maximum fine reaches 450 UIT tax units. Using the 2025 UIT reference value of 4 950 Peruvian soles, the single‑incident maximum fine equals approximately 2 227 500 soles, equivalent to around 4.3 million Chinese yuan. Penalties may accumulate according to violation frequency. Several Peruvian banks and telecom operators have already been held liable under this article due to inadequate control over marketing‑related SMS.
This law solely defines unlawful behaviour and penalty frameworks. It does not address technical matters such as carrier‑side network filtering, Sender ID spoofing or cross‑border‑traffic traceability. Corresponding technical specifications are laid down in DL1723 and complementary OSIPTEL resolutions. Collectively, Ley N°29571 and its amending statute Ley N°32323 establish Peru’s legal consumer‑protection foundation for marketing‑oriented A2P communications.
