bekisman
05-Aug-08, 14:00
Back in May/June I was getting unwanted marketing calls. My Caller display gave the uk number, I contacted TPS and eventually they came back and said unable to help. So I contacted the 'Information Commissioner's Office' (next step up).. here's their reply..
bottom line; 'what's the point?'...
5th August 2008
Case Reference Number .....
Dear Mr (Me)!
Thank you for your correspondence dated 26th June 2008 regarding what appear to be unsolicited automated calls.
Please accept my apologies for the delay in replying to you, our office is currently dealing with large volumes of work. This has meant that we have been unable to deal with incoming correspondence as promptly as we would like.
The Information Commissioner advises on and enforces the Privacy and Electronic Communications Regulations 2003 (the Regulations). These Regulations cover the way organisations market subscribers by electronic means (for example using telephone, fax, text and email). Marketing can include the promotion of goods, services, aims or ideals.
Regulation 19 requires that UK based organisations do not make unsolicited, automated marketing calls unless they obtained the consent of the subscriber before they call. An automated call is a call made using automatic dialling equipment where a recorded message is transmitted.
TPS registration does not apply to automated calls due to the much stricter prior consent rule outlined above, therefore, companies wishing to make such calls are not obliged to screen against TPS.
In this case from the information provided it would appear that you have received an automated call probably offering debt management or loans.
Our office has received a number of complaints about automated calls, specifically regarding a debt initiative with the call sometimes seemingly originating from abroad, and the matter is currently with our Regulatory Action Division (RAD) for their consideration. The information you have provided to us may be added to the complaints we have already received.
I note from you correspondence that you also appear to be receiving silent calls.
The most common form of silent call arises from the use of call centre technology which dials target numbers automatically to facilitate a live conversation, so-called ‘power diallers’. Sometimes, when power diallers are used, there can be a delay in the process of connecting the call centre worker to the target number which results in a disturbing silence. It can also result in calls that are subsequently terminated at times when the number of answered calls exceeds the number of available operators.
While we certainly appreciate that silent calls can be disturbing, the call does not transmit any marketing material and therefore the rules of the Regulations which we enforce do not apply. We are therefore not able to look at complaints about silent calls.
The problem of silent calls generally falls under Ofcom’s remit. The persistent misuse of communications networks is subject to regulation by Ofcom (under the Communications Act 2003). This Act gives that regulator powers to take action against network use which causes avoidable nuisance, annoyance or anxiety. If you have a persistent problem with silent calls you may therefore wish to contact Ofcom for advice:
Telephone: 0845 456 3000
Website: www.ofcom.org.uk (http://www.ofcom.org.uk/)
Further information regarding Ofcom’s approach to silent calls can also be found at: http://www.ofcom.org.uk/media/mofaq/telecoms/silentfaqs/#content (http://www.ofcom.org.uk/media/mofaq/telecoms/silentfaqs/#content)
It is unlikely that we will need to contact you again about this issue, however, we would like to thank you for taking the time to inform us about this matter.
Yours sincerely
Case Officer.
bottom line; 'what's the point?'...
5th August 2008
Case Reference Number .....
Dear Mr (Me)!
Thank you for your correspondence dated 26th June 2008 regarding what appear to be unsolicited automated calls.
Please accept my apologies for the delay in replying to you, our office is currently dealing with large volumes of work. This has meant that we have been unable to deal with incoming correspondence as promptly as we would like.
The Information Commissioner advises on and enforces the Privacy and Electronic Communications Regulations 2003 (the Regulations). These Regulations cover the way organisations market subscribers by electronic means (for example using telephone, fax, text and email). Marketing can include the promotion of goods, services, aims or ideals.
Regulation 19 requires that UK based organisations do not make unsolicited, automated marketing calls unless they obtained the consent of the subscriber before they call. An automated call is a call made using automatic dialling equipment where a recorded message is transmitted.
TPS registration does not apply to automated calls due to the much stricter prior consent rule outlined above, therefore, companies wishing to make such calls are not obliged to screen against TPS.
In this case from the information provided it would appear that you have received an automated call probably offering debt management or loans.
Our office has received a number of complaints about automated calls, specifically regarding a debt initiative with the call sometimes seemingly originating from abroad, and the matter is currently with our Regulatory Action Division (RAD) for their consideration. The information you have provided to us may be added to the complaints we have already received.
I note from you correspondence that you also appear to be receiving silent calls.
The most common form of silent call arises from the use of call centre technology which dials target numbers automatically to facilitate a live conversation, so-called ‘power diallers’. Sometimes, when power diallers are used, there can be a delay in the process of connecting the call centre worker to the target number which results in a disturbing silence. It can also result in calls that are subsequently terminated at times when the number of answered calls exceeds the number of available operators.
While we certainly appreciate that silent calls can be disturbing, the call does not transmit any marketing material and therefore the rules of the Regulations which we enforce do not apply. We are therefore not able to look at complaints about silent calls.
The problem of silent calls generally falls under Ofcom’s remit. The persistent misuse of communications networks is subject to regulation by Ofcom (under the Communications Act 2003). This Act gives that regulator powers to take action against network use which causes avoidable nuisance, annoyance or anxiety. If you have a persistent problem with silent calls you may therefore wish to contact Ofcom for advice:
Telephone: 0845 456 3000
Website: www.ofcom.org.uk (http://www.ofcom.org.uk/)
Further information regarding Ofcom’s approach to silent calls can also be found at: http://www.ofcom.org.uk/media/mofaq/telecoms/silentfaqs/#content (http://www.ofcom.org.uk/media/mofaq/telecoms/silentfaqs/#content)
It is unlikely that we will need to contact you again about this issue, however, we would like to thank you for taking the time to inform us about this matter.
Yours sincerely
Case Officer.