The approval by the Congress of the Members of the Customer Services Act (SAC) represents a milestone in the defence of consumer rights. Inspired by the Ministry of Social Rights, Consumption and Agenda 2030, this legislation seeks to end abusive and opaque practices that have historically harmed citizens. We then dislike its main developments, its legal impact and what it means for businesses and consumers from a legal approach.
1. What does the new SAC Act require?
1.1 Prohibition of "spam" calls and non-consensual recruitment
Companies must identify their commercial calls with a specific numerical prefixdifferent from customer care.
Telecommunications operators shall be obliged to lock calls Don't use those prefixes.
They declare themselves nil contracts closed on unconsented phone calls, which seeks to discourage aggressive commercial pressures.
1.2 Transparency in prices and elimination of hidden costs
From the start of a transaction, companies must show the total priceincluding all management costs and other additional costs.
It is prohibited to disaggregate fees to hide increases at the end of the purchase process, as is traditionally the case in the sale of tickets or tickets.
1.3 Improvements in customer care
Customer calls must be taken care of in less than 3 minutes for 95% of cases.
It is prohibited for attention to be limited to automatic answering machines or artificial intelligence: the customer must have the option to talk to a person.
The deadline for resolution claims is reduced to 15 working days, and if it comes to undue charges, only 5 days.
Companies with more than 250 employees and more than 50 million euros of billing will have to provide care in co-official languages (Catalan, Galician, Basque) when operating in these communities.
Accessibility for vulnerable persons, such as older persons and persons with disabilities, will also be strengthened.
1.4 Review and algorithm control
The sale of reviews is prohibited and opinions are required to come from real consumersnot fictitious profiles.
Companies should allow for replication of reviews where there is evidence of falsehood, and eliminate unverified assessments.
In the digital field, the algorithms that personalize prices and advertising have to be transparent: the consumer may know the parameters used and it is prohibited to use discriminatory or vulnerable criteria.
1.5 Automatic renovations under control
Automatic subscriptions (e.g. streaming platforms) should be reported at least 15 days in advance.
A simple drop should be provided for the consumer to decide freely if he / she wants to continue the service.
2. To whom does the SAC Act apply?
The regulation is particularly aimed at large companies: those with more than 250 workers or an annual turnover exceeding EUR 50 million, as well as to basic service companies (energy, water, transport, telecommunications).
Specific obligations are also extended for sectors with a high volume of customer care.
3. What is the legal impact and what is it for in a law firm?
From the perspective of a consumer law firm, this law opens many lines of action:
Preventive advice: advise companies to adapt their customer services to new standards and avoid sanctions, especially in terms of response time and forms of care.
Claims and disputes: It represents a powerful tool for consumers who have suffered from abusive practices: unconsensual commercial calls, hidden charges or unwanted automatic renovations. Lawyers may help make complaints or, where appropriate, legal proceedings if the rights are violated.
Digital compliance: for digital platforms, consultants and marketplaces, the transparency part of algorithms is particularly relevant. Advice can be provided to implement transparency mechanisms, algorithm audit and regulatory compliance in price customization and advertising.
Language protection: the obligation of care in co-official languages opens up a new dimension for customers in bilingual communities; the offices can advise both companies to meet this requirement and consumers who wish to claim if they do not receive care in their language.
Accessibility: obligations towards vulnerable persons (elderly, disabled) involve adapting processes and infrastructure, which can generate legal responsibilities if it is not met.
4. Legal risks and challenges
Control and sanctions: Although the law establishes clear obligations, success will depend on how it is fiscalized. Companies may fail to meet the deadlines or continue to use bots, which would create a risk of sanctions or litigation.
Call and operator blocking: The blocking of calls by operators (when they do not use the right prefix) can generate technical and regulatory disputes, especially if companies argue that their calls are not commercial but informative.
Algoritmic transparency: making the parameters of the algorithms public could collide with industrial secrets or intellectual property; transparency must be balanced with corporate protection.
Resources for companies: not all large companies will be able to adapt quickly (cost, reorganisation of care centres, training, CRM systems), which could lead to temporary non-compliance.
Claims procedures: for consumers to effectively exercise their new rights (low, renunciation, non-consensual call termination...), they will need accessible and efficient mechanisms, and law firms can play a key role in their design or practical implementation.
5. Conclusion: A victory for consumers, but also a challenge for businesses
The Customer Services Act marks a profound change in the regulation of customer service in Spain. For the first time, minimum standards of quality, transparency and legal responsibility are established to protect users from commercial abuse.
For consumers, it is a real protection: goodbye to unwanted calls, hidden costs and automatic renovations without notice. For companies, it involves a necessary adaptation, which requires investment and compliance, but also an opportunity to improve their reputation and gain the confidence of their customers.
From a law firm, this rule opens up multiple opportunities for advice: from preventive consulting to representation in complaints. In addition, the approach in algorithms and accessibility positions the law to offer specialized services in an emerging and very relevant area.
