Peru enacted Ley N°32323 on 9 May 2025 to amend its national Consumer Protection Code. It specifically governs spam marketing SMS and harassing automated outbound calls, with INDECOPI undertaking supervision and penalty enforcement. The law sets multiple mandatory compliance conditions for marketing‑type A2P messages, grants exemptions for transactional notifications, and delegates technical‑interception requirements to complementary OSIPTEL documents.
The scope of this law covers only commercial marketing‑focused A2P communications. Transactional notifications including OTP verification codes and bill reminders are not subject to its provisions. Enterprises running marketing‑SMS services must obtain prior explicit user consent and preserve supporting evidence. Before bulk dispatching, operators must check against Peru’s official “Gracias, no insista” blacklist. Even with individual user authorisation, marketing content shall not be sent to numbers listed on the blacklist. Marketing communications may only be delivered between 08:00‑21:00 local Peruvian time. SMS must carry the BAJA unsubscribe channel; upon receiving an unsubscribe request, enterprises must halt advertising deliveries to that number within 24 hours.
Market players violating the above rules will face administrative fines. Notably, Ley N°32323 is a content‑compliance statute that governs business conduct and penalty benchmarks only. It does not define carrier‑side network‑filtering technical specifications. Technical implementation is carried out under complementary resolutions issued by OSIPTEL.
