Resolução nº 765/2023 is a general regulation on consumer rights for telecommunications services issued by Brazil’s National Telecommunications Agency Anatel. It legally validates the “Não Me Perturbe (Do Not Disturb)” anti-harassment blacklist. The regulation binds all telecom service providers and A2P SMS aggregators, and sets differentiated mandatory compliance rules for transactional and marketing commercial SMS within Brazil. It stands as one of the most critical regulatory statutes for Brazil’s A2P SMS industry.
The resolution divides commercial SMS into two categories: transactional SMS and marketing SMS. Transactional SMS includes OTP verification codes, bill notifications, account status alerts and other operational notices; these messages are not subject to the Não Me Perturbe blacklist and may be delivered normally. Promotional A2P marketing SMS are subject to strict controls. All telecom providers and SMS aggregators must actively check against this blacklist, and users listed on the blacklist must not receive marketing SMS.
Multiple mandatory obligations apply to marketing SMS: messages must carry a legitimate sender identifier; a free opt-out channel must be provided, supporting opt-out keywords such as SAIR and STOP; sending hours are restricted to 08:00–21:00, and marketing SMS are prohibited on national public holidays. Service providers and SMS aggregators violating this regulation will face administrative penalties from Anatel.
Notably, although issued in 2023, the resolution was postponed and officially enforced on 1 September 2025. Major Brazilian operators including Vivo, Claro, TIM, Algar and Oi, alongside all domestic SMS aggregators, must fully comply with its requirements. It also serves as an important legal basis for Sender-ID registration, SMS content risk control and compliance reviews of downstream clients. Resolução nº 765/2023 entered into force on 01/09/2025.
