Can A Company Legally Offer ´client Information Telephone Number´at Surcharge?

No, according to art. 21.2 of the Ley de Consumidores the cost for the consumer when using a number ´Atención al cliente´ cannot be more than the basic telephone tariff.

UPDATE MARCH 2017. The fact that numerous companies operating in Spain do offer after sales services through ´902´ telephone numbers which involve a surcharge, has been denounced by consumer organisations in Spain and the EU Tribunal of Justice has ruled recently that this ´basic tariff´ should be interpreted as the standard costs involved with calling a landline or mobile phone in a member state.

UPDATE AUGUST 2019. Consumer organisation FACUA hasn’t stopped denouncing private companies and public or government organisations for the use of 902 numbers as single option for consumers to make enquiries.

The latest positive result has been the Info number for DGT Trafico fines that are issued automatically when traffic offences have been registered by radar equipment. Instead of a 902 number, you can now call a landline registered in Léon, where the centre that processes the fines is situated.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.