On 23 April 2014, Venezuela’s SUNDDE (National Superintendency for the Defence of Socio‑Economic Rights, anti‑monopoly and price‑control authority) issued Administrative Resolution Provincia Administrativa N°004/2014. It set up a prior‑approval system for commercial promotional activities. Lotteries, discounts and marketing campaigns distributed through SMS and A2P IVR automated outbound voice are subject to mandatory pre‑approval. Clear provisions cover user consent, unsubscribe mechanisms and sanctions for infringements. This instrument forms the fundamental administrative resolution for marketing‑focused A2P business in Venezuela.
Article 1 defines the scope of application: all commercial promotions, prize draws and special offers sent to consumers via telecommunications channels such as SMS and automated outbound calls constitute marketing activities requiring prior approval from SUNDDE and cannot be launched without clearance. This provision extended traditional offline‑promotion oversight to telecommunication channels and filled the regulatory gap for A2P‑based marketing.
Regarding user authorisation, merchants must obtain explicit, separate and record‑able opt‑in consent from end‑users. Implied consent through pre‑ticked boxes, default‑on registration or “continued use constitutes acceptance” clauses is deemed unlawful. Consent records shall be traceable and retained for inspection by SUNDDE.
For unsubscribe rules, every marketing communication must include a free one‑click opt‑out. Once a user revokes consent, merchants must permanently stop sending promotional content to that number and may not circumvent the rule by switching numbers or delivery routes.
For enforcement, SUNDDE may initiate administrative proceedings against false advertising, misleading marketing SMS and unapproved bulk mass‑messaging. Remedies include fines, mandatory suspension of dispatches and public reprimands. This resolution remains the enforcement foundation for Venezuelan marketing A2P operations. Subsequent official SUNDDE announcements in 2024 further detailed approval workflows and submission documentation.
