Chile’s Consumer Protection Law Ley N°19.496 is the core legal instrument governing spam‑marketing A2P SMS and bulk AI‑powered voice outbound calls, enforced by SERNAC (National Consumer Service). Article 28B is the most critical clause for A2P services, establishing dual‑supervision together with SUBTEL telecommunications regulations.
Under Article 28B, consumers hold the statutory right to unconditionally reject marketing SMS and bulk AI‑generated voice calls without their express authorization. Two mandatory conditions apply for commercial A2P deliveries: every commercial message shall display sender identity information and include an accessible one‑click opt‑out mechanism. Service providers ignoring user opt‑out requests or failing to enforce black‑list filtering face cumulative penalties; the maximum administrative fine per violation is 1000 UTM.
This law applies to all telecom operators, A2P aggregators and SP service providers, and works alongside SUBTEL’s 600/809 number‑range rules. Transactional‑notification A2P services are not subject to these strict marketing‑focused restrictions. Nevertheless, marketing‑related A2P SMS and voice calls are covered by this article regardless of whether they traverse 600 or 809 channels. Upon violations, SERNAC may issue penalties independently or conduct joint enforcement with SUBTEL, remedies include mandatory rectification and ordering operators to shut down SMPP interfaces.
