Superintendencia de Industria y Comercio

The Superintendence of Industry and Commerce SIC, as National Authority of Consumer Protection, opened an investigation to the mobile phone service providers “Comunicación Celular - COMCEL” and Colombia “Telecomunicaciones – Movistar”. 

Preliminary investigations proved that both companies allegedly limited the right of consumers to freely choose the operator of their number portability, furthermore, the products called by MOVISTAR "Mejor Juntos" and "Bonos de Fidelización" and by COMCEL "Datos Plus", probably were activated and charged to their users, without their prior and express authorization or acceptance, violating their right to freely choose their telecommunications provider, plans and services.  

The investigation against these providers was initiated by the SIC as a result of different complaints from users and other providers in the market, who have alleged that portability requests are being rejected. This conduct would violate the rights of the users, since any modification to the contract for communications services must be expressly approved by the consumers. 

In addition to the opening of the investigation, several immediate and permanent administrative measures were imposed on MOVISTAR and COMCEL, aimed to protect the users’ rights to select their number provider, the conservation of their line and the activation without prior and verifiable authorization of the aforementioned products.