What are the regulations regarding cold calling?
This question has been prompted by the latest post on the TCA website, in their post they talk about a company based in Barcelona called La Moneda, this particular company was highlighted on 4 November by Mindtimeshare. This in itself is not the problem, it is the incorrect information they give regarding cold calling.
They state “Cold calling in the UK is illegal as it is considered a breach of privacy”. This is actually incorrect, according to the Information Commissioner’s Office website they state:
“You can call any individual who has specifically consented to receive marketing calls from you – for example, by ticking an opt-in box”.
“You can also make live calls without consent to a number if it is not listed on the TPS – but only if that person hasn’t objected to your calls in the past”.
“In practice, this means you will need to screen most call lists against the TPS register. You will also need to keep your own ‘do not call’ list of people who object or opt out, and screen against that as well”
The rules for live marketing calls are very simple and are as follows (again taken from ICO website):
“The rules on live marketing calls are in regulation 21. In short, you must not make unsolicited live calls to:
- anyone who has told you they don’t want your calls; or
- any number registered with the TPS or CTPS, unless the person has specifically consented to your calls – even if they are an existing customer.
You must always say who is calling, allow your number (or an alternative contact number) to be displayed to the person receiving the call, and provide a contact address or freephone number if asked”.
TPS is the Telephone Preference Service for individuals, all lists must be screened through this service, but it only applies to companies based in the UK, any company based elsewhere is not bound by it.
CTPS is the Company Telephone Preference Service and is for companies and other corporate bodies.
We know that cold calls can be annoying, but it is a legitimate marketing tool, as long as the regulations are adhered to. In the end you are the one in control, you can just say not interested and ask them to remove you from their list. Once you asked them to remove you, then it is illegal for them to call again.
It is just a shame that a so-called Consumer Advice Association cannot even get their facts right, so the question has to be asked, can you trust any advice they give?
I leave you to decide on that one.
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