In March 2026, the Santiago Court of Appeals issued a binding precedent. After a consumer registered on SERNAC’s “No Molestar” Do‑Not‑Disturb platform to opt‑out of marketing SMS, carrier WOM kept dispatching promotional A2P SMS to that user. Citing Article 28B of the Consumer‑Protection Law Ley 19.496, the court imposed a fine of 50 UTM on WOM. The ruling clarifies statutory black‑list‑processing obligations binding on all A2P service providers.
Case facts: On 25 May 2022, the consumer submitted a full marketing‑communications block request via “No Molestar”. WOM’s system acknowledged completion of blocking. Nevertheless, the consumer continued receiving A2P marketing SMS for top‑up plans and tariff offers over subsequent weeks. The consumer filed a complaint with SERNAC, which initiated infringement proceedings under consumer‑protection legislation. After first‑instance judgment, the case went to appeal. The Fourteenth Chamber of the Santiago Court of Appeals examined SMS evidence and confirmed WOM had failed to perform blocking duties, finding violations of Articles 23 and 28B of Ley 19.496.
Industry operational rules established by the precedent: All mobile operators, A2P aggregators and SP service providers must automatically query the SERNAC “No Molestar” black‑list database. Upon receiving a block request, numbers shall be removed from marketing‑sms distribution lists within 24 working days; manual post‑hoc handling alone is insufficient. Non‑compliance may trigger SERNAC‑led judicial proceedings, with enterprises liable for fines and full procedural costs.
This precedent applies across Chile’s A2P industry. Marketing SMS sent via compliant 809 number ranges must also filter numbers contained in the “No Molestar” black‑list.
