Court Slaps Citibank for Phone Harrassment

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One thing that expatriates do not miss in Costa Rica is those pesky telephone promotion campaigns. Apparently, they won't be bothered by them anytime soon, due to a decision Tuesday by a court in San Jose.

The court found for complainant Sebastian Elizondo against Citibank's Citi Tarjetas phone campaign promoting the bank's credit cards. Based on the General Law of Communications, a judge ruled that the calls interrupted Elizondo's work, rest and family reunions.

This law does not forbid phone solicitations -- unless they are insistent and exaggerated. Elizondo thought they were and went to court in October of 2009 to stop them. The bank is tight-lipped about the court's resolution but may appeal it.

Elizondo's lawyer, Alberto Castillo, said the bank called his client no fewer than 20 times per month offering him credit cards and other services. Fed up, the lawyer said, his client then recorded the calls after advising his caller that he would do so.

The recordings were offered into evidence against the bank. Elizondo originally asked 6 million colones in damages but the judge awarded only a million. As is customary, if the verdict survives appeal, the defendant will be liable for the plaintiff's court costs.

Castillo commented to La Nacion, "In Costa Rica folks complain about harassment but no one makes a concrete accusation. One brave guy was moved (to do it ) and now the pathway is open."

Commentary: Filing complaints in traditional Costa Rican culture is considered uncouth. This conformism is changing but still exists. Indeed, by Tico standards, what Elizondo did was groundbreaking and valiant.

Here, courtesy is just as important as commerce.