The Consumer Code is an advanced tool for consumer protection law, however, seems to me - even after a long time since its publication - yet little known and popular among the "tools of the trade" of lawyers. And unfortunately there are few consumers who are aware of their rights and who can afford a legal tug of war "to affirm them in practice.
thus indicating that the artt.24-25-26 of the Consumer Code describes analytically some of the professional misconduct (or one acting in the course of his business or profession, or through an intermediary), defined as "aggressive commercial practices" aimed at inducing the consumer to take a transactional decision that would otherwise have taken . In particular I would highlight the following behaviors, which often are reported to the Consumer Associations, which are forbidden by law: " b) carry out visits to the consumer's home, ignoring the calls of the consumer to leave his residence or not to return except 'in the circumstances and to the extent that they are justified under national law to enforce a contractual obligation; "but, above all:" c) make repeated and unwanted solicitations by telephone, fax, e-mail or other means of distance communication, except 'in the circumstances and to the extent they are justified under national law, to enforce a contractual obligation, without prejudice to Article 58 and Article 130 of Legislative Decree 30 June 2003, No 196. "
In the latter case, although it is an issue of coordination of consumer law with that of privacy (which, depending on the interpretative reading of the text, could lead to an emptying of meaning of paragraph c, which would become little more than a duplication of part of the law on privacy), in particular, could be extended by interpretation and, of course, only in civil law, the specter of unlawful conduct spam - this is, after all - pointing out that even if a behavior is not disruptive of confidentiality, it is still detectable as "aggressive" and unfair to the consumer.
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