The Minefield of Telemarketing

Telemarketing could land you in trouble if you don't take note of the new legislation. Below is an overview of your legal obligations.

The Telecommunications (Data Protection and Privacy)(Direct Marketing) Regulations, 1998 came into effect on 1st May 1999. They are intended to protect people, and in some cases businesses, against receiving unwanted direct marketing telephone calls.

What are the broad details?
Direct marketing telephone calls: It is unlawful for someone in business (including charities or other voluntary organisations) to make such a call to any individual if that individual has either told that business or organisation that he/she does not want to receive such calls or has registered with the Telephone Preference Service that they do not wish to receive such calls from any business or organisation.

Who are Individuals?
Individuals are consumers, sole traders and (except in Scotland) partnerships.

Who needs to comply with the Regulations?
All those in business (including charities and voluntary organisations) who make direct marketing calls to individuals. Both 'cold' lists and customer lists should be cleaned against the Telephone Preference Service register before calls are made, to ensure compliance with the Regulations. There is an exception to the above and that is where individuals have already indicated to the calling business or organisation that they do not object to direct marketing telephone calls.

How often do I need to clean my data?
As frequently as necessary to ensure that nobody protected by the Regulations who has registered within the previous 28 days is contacted.

Who enforces the Regulations?
The Data Protection Registrar. The Telephone Preference Service itself will investigate initial complaints made to it by anybody whose registration has not prevented a call, which it should have done, but the Data Protection Registrar will determine any action for breach of the Regulations.

The Telephone Preference Service Ltd. which administers the Telephone and Fax Preference Service register is a subsidiary company of the Direct Marketing Association (UK) Ltd. which OFTEL has appointed to manage the opt-out register.

The act is very clear. Before you make a call to an existing or potential customer, who has not given you express permission to contact them, you should screen their number against the Telephone Preference Service Register, and this should be done every 28 days. It will be easy to fall foul of the law which could result in a fine of up to £5,000. The Direct Marketing Association advises that responsibility lies with the data owners. You must now take steps to ensure that numbers called in the promotion of your business, whether by you or by a third party, are not on the register.

For more information, please contact us by e-mail or telephone us on 01869 338702 or fax us on 01869 338459.

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