Sales calls and nuisance calls may be illegal! What is the case for obstruction of business?

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Obstructing the business of a company by making sales calls, nuisance calls, etc.

Can I take legal action if the impact on my business is too great?

Let’s see if you can sue for troubles and damages over the phone, and what kind of crimes are involved.

 

Can you sue a persistent sales call?

Can I sue if my work is affected by the response to sales calls that keep coming in no matter how many times I refuse them?

Sales calls are different from harassment calls such as silent calls and prank calls, so it may be difficult to decide whether to sue.

In conclusion, you can sue even a business phone call if it violates the law.

Telephone sales are subject to the Specified Commercial Transaction Law.

For example, Article 17 of the Act on Specified Commercial Transactions stipulates as follows.

Article 17 (Prohibition of Solicitation to Persons Who Decide Not to Conclude Contracts) A seller
or service provider is a person who has indicated that he or she will not conclude a sales contract or service contract pertaining to telemarketing sales. shall not solicit any person to conclude such sales contract or service contract.

Repeated solicitation is prohibited for those who have been refused once, so it is illegal to receive sales calls many times even after you have refused .

When in doubt about whether to call the police

In order to take legal action against obstruction of business due to sales calls and nuisance calls, it is necessary to consult the police.

However, since 110 is an emergency call number, you should refrain from using it unless an emergency response is required.

If you want to talk to the police about obstruction of business due to sales calls or nuisance calls, first call #9110.

Case 1: Obstruction of business

From here, I will explain what kind of crime a persistent sales call is.

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Defamation and obstruction of business (Article 233 of the Penal Code)

A person who damages someone’s credibility or interferes with their business by spreading false rumors or using fraudulent means shall be punished by imprisonment with work for not more than three years or a fine of not more than 500,000 yen.

Forcible obstruction of business (Article 234 of the Penal Code)

A person who uses force to interfere with another person’s business shall also be subject to the provisions of the preceding article.

The crime of obstruction of business is established when business is obstructed by using “falsification” or “force”.

“Fraud” is the act of deceiving or deceiving people. For example, a silent phone call or a false order phone call is a counterfeit.

“Force” indicates interference by direct action. Over the phone, persistent complaints and nuisance calls may fall under forcible obstruction of business.

Case 2: Intimidation crime

Intimidation (Article 222 of the Penal Code)

  1. A person who threatens another person by notifying that he or she will harm the life, body, liberty, honor, or property shall be punished by imprisonment with work for not more than two years or a fine of not more than 300,000 yen.
  2. The preceding paragraph shall also apply to a person who threatens another person by notifying that he or she will harm the life, body, liberty, honor or property of a relative.

The crime of intimidation is applied to acts that threaten the other party, such as intimidation, blackmail, and abusive language.

In the case of telephone calls, this includes telephone calls that threaten the other party into making a contract or threats of crime.

Case 3: bodily injury

Injury (Article 204 of the Penal Code)

A person who injures another person shall be punished by imprisonment with work for not more than 10 years or a fine of not more than 300,000 yen.

Injury may apply not only to direct physical injury, but also to mental illness.

If an employee suffers mental distress due to persistent sales calls or nuisance calls and becomes depressed, it is also considered a crime of injury.

How to deal with sales calls and nuisance calls

Legal action can be taken if business is obstructed by sales calls or nuisance calls.

However, in a real case

  • Guilty of making 970 silent calls to restaurants
  • Arrested on suspicion of fraudulent business obstruction after making about 3,900 nuisance calls to the police station
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Such as, it is limited to cases where a large number of nuisance calls have been made, and it can be said that it is difficult to appeal at the level of “slightly persistent sales calls”.

Therefore, it can be said that it is more realistic for companies to deal with it by “not receiving or getting involved in sales calls or nuisance calls” .

share information internally

Dealing with sales calls and nuisance calls properly can reduce the damage.

  • Share frequently-called carrier numbers within the company
  • Create a manual for dealing with sales calls and nuisance calls

Especially in the case of sales calls, if you don’t clearly refuse, you will receive a lot of calls, so it is effective to educate employees so that they can respond appropriately .

Set to reject incoming calls

If you set the caller of the sales call/nuisance call that you receive repeatedly to reject incoming calls, you will not receive any calls after that.

This is a method that can reliably block incoming calls from specific numbers, but if a company making sales calls is calling from multiple numbers, it will not be possible to completely shut them out unless you register all of them. ‘s sales call will be received.

In addition, since there is a limit to the number of calls that can be registered in the reject list, there is a possibility that the list may not be enough if all sources of sales and nuisance calls are registered.

Block with a nuisance call filter service

The “nuisance call filter service” is a service that can block calls other than those received in the past.

This service has a database of nuisance phone number information provided by the police, local governments, contractors, etc., so it is possible to reject incoming calls from unknown phone numbers.

However, it may not work depending on the phone, so if you are considering introducing it, check if it is compatible with your phone.

AI blocks sales calls! “Canario”

As long as employees are answering the phone, there is a possibility that you will be hit by a sales call or a nuisance call.

Therefore, how about entrusting the primary response to telephone calls to AI?

NEC Networks & System Integration’s Canario uses AI to answer phone calls on behalf of employees.

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The first voice on the phone is an AI automated voice. Sales callers often give up and hang up at this point.

Because it is a system that listens to the name of the person in charge and automatically forwards the call, you can rest assured that the necessary call will be handled properly.

Article Summary

  • Legal action can be taken against business interruption due to sales calls or nuisance calls
  • Business obstruction, bodily injury, intimidation, etc. may be applied
  • Cases of actual conviction are rare, and it is necessary to take countermeasures against sales calls and nuisance calls by the company.

Considering the effort and time it takes to complain about sales calls and nuisance calls, it is not a good idea to take legal action unless there is a serious reason.

There are services that can easily block sales calls and nuisance calls, so let’s start with the measures that you can take on your own.