The Telephone Preference Service (TPS) is the United Kingdom's official do not call list. It allows businesses and individuals to opt out of unsolicited marketing calls. [1]
Similar do not call lists are implemented in other countries, such as the National Do Not Call Registry in the United States, and the Do Not Call Register in Australia.
The Telephone Preference Service (TPS) is the only such register that is enforced by law in the UK. TPS was created in 1996 by the Data & Marketing Association (DMA). In 1999, it was made a statutory requirement and was included in the Privacy and Electronic Communications Regulations (PECR).
TPSL is a wholly owned subsidiary of the DMA, who run the TPS under contract from the Information Commissioner's Office (ICO). Funding for TPS comes entirely from organisations that licence the TPS file, neither the ICO nor the government provide any funding.
Marketers that wish to make telephone calls are legally obliged to screen their lists against the TPS. They can get access to the TPS file by licensing it directly from TPSL or from a ‘list cleaner’ that provides TPS screening services to third parties.
If a telephone number is registered with the TPS/CTPS, organisations are legally required – by the Privacy and Electronic (EC Directive) Regulations 2003 – to refrain from calling it. In the UK, the Information Commissioner's Office (ICO) enforces the law and has power to fine firms that break it.
There are many organisations who comply with their obligations under the above regulations, however, as with any law there are those that choose not to comply, and these are in most cases the companies who are making these calls to consumers who have registered their preference (with TPS) as wanting to opt out of receipt of unsolicited direct marketing calls.
Registration with the TPS doesn't physically restrict a telephone line, so it can't stop anyone from dialling a number. Calls from friends and family or any other calls where the caller is not selling a product or service, are not subject to TPS restrictions.
However, if the purpose of the call is sales or marketing, organisations are legally obliged to screen their call lists against the TPS. They must not make an unsolicited direct marketing call to a number registered with the TPS. Service-related calls from banks, credit card companies and so on are not subject to TPS restriction.
The only exception to the TPS register is where a registered individual gives an organisation specific permission to contact them as this then falls out of TPS remit.
TPS does not stop other call types such as market research, debt collection, scam calls and general nuisance calls.
Residential users have been able to register on the list since May 1999 under the Telecommunications (Data Protection and Privacy) Regulations 1999. The list has statutory force under the Privacy and Electronic Communications (EC Directive) Regulations 2003. From 25 June 2004 corporate subscribers were also allowed to register on the list under Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2004. [2] In 2012 the enforcement powers of the ICO and penalties were much strengthened; the governmental organisation responsible for enforcing the law (ICO) have the power to impose fines of up to £500,000 on lawbreakers.
Customers can register their number(s) to TPS via their website, or by telephone. You can also register via your mobile phone by simply texting “TPS” and your email address to 85095 from your mobile phone. Once registered, the customer must allow 28 days for the registration to become fully effective. Complaints can be made via the site, TPS will then contact the company and warn them they are breaching the regulations and ask them to add your number to their own Do Not Call list. All complaints investigated by TPS are referred to the ICO and are incorporated into their investigation into nuisance calls. It is the ICO's enforcement team who will engage in further dialogue, as they see best fit. They are empowered to take enforcement action accordingly.
In addition to fines, the ICO publishes details of any formal action it takes against organisations on its website and in press releases. Enforcement of the TPS legislation is now a top priority and they have increased the size of its enforcement department to deal with the increased number of complaints it's received from the public over the past year. [3]
There are various companies offering services that claim will stop unsolicited calls. TPS is not associated to any of those companies. They may be commercial companies offering services, for which they charge a fee, and some may be fraudulent. “our advice is NOT to pay them”. TPS is a free service for consumers wanting to register and the only official service that calling companies are required by law to comply with, it is regulated and enforced by the Information Commissioners Office (ICO).
Telephone subscribers who have at some time consented to be called—perhaps by filling in a long-forgotten Web form years ago with a box to tick "if you don't want to receive further information", or a firm of which the subscriber is a customer—may legally be called unless they explicitly withdraw the implied permission given to the organisation concerned. A ticked box—or an unticked "no" box—on a form from a trusted organisation agreeing to permit calls from "other carefully selected organisations" can allow a huge variety of calls.
A call is considered to fall within the TPS remit if it is unsolicited and relates to the sale or marketing of a product or service during a live telephone conversation.
Silent calls, calls which remain silent when answered are typically generated by companies using power or predictive dialling equipment when making outbound calls. A power/predictive dialler is an automated dialler which can store, access, and automatically dial telephone numbers which should match operator availability. However, some companies may not have set their dialling rate correctly and this means that individuals are receiving calls, where upon answering there is silence.
Silent calls you have received can be reported to the Telecommunications Regulator, Ofcom. [4]
Organisations that use recorded phone messages (robocalls) for marketing or sales calls must have prior consent from the subscriber. Unauthorised robocalls from an identified caller can be reported to the ICO. [5]
The TPS does not cover market research calls. The regulation relating to TPS is the Privacy and Electronic (EC Directive) Communication Regulations 2003. The aspect of this regulation relating to TPS is specific to live unsolicited direct marketing calls, this does not extend to research/survey calls.
There are existing processes to deal with unwanted market research calls. The first port of call is to notify the organisation that you do not wish to participate in their research and request that they suppress your details. If they continue to call you, you may wish to contact the Market Research Society who may be able to act if the call was from one of their members.
TPS will investigate unsolicited direct marketing calls from overseas made on behalf of a company that has a UK presence. Complaints about calls from companies with no UK presence can be made to the ICO. The ICO co-operates with similar organisations in Europe, the European Commission and other countries. [6] UK organisations cannot themselves regulate or prevent calls to UK numbers being made from overseas.
If you receive an unsolicited sales and/or marketing call from an overseas company, you should contact the Information Commissioner's Office (ICO).
Organisations looking to recover debts are not required to screen their data against the TPS register. Such calls, in cases where they are not allowed, can be reported to the local Trading Standards Office. [7] Debt collection callers to a number for someone not at that number can be told not to call again; if they continue to call, the ICO may be able to help from a data protection perspective.
Non direct marketing calls including debt collection falls outside of the remits within which the TPS operates. If the organisation is making debt collection calls to your number for a debt not owed, please seek advice from your local Trading Standards.
Telemarketing is a method of direct marketing in which a salesperson solicits prospective customers to buy products, subscriptions or services, either over the phone or through a subsequent face to face or web conferencing appointment scheduled during the call. Telemarketing can also include recorded sales pitches programmed to be played over the phone via automatic dialing.
The National Do Not Call Registry is a database maintained by the United States federal government, listing the telephone numbers of individuals and families who have requested that telemarketers not contact them. Certain callers are required by federal law to respect this request. Separate laws and regulations apply to robocalls in the United States.
Telephone slamming is an illegal telecommunications practice, in which a subscriber's telephone service is changed without their consent. Slamming became a more visible issue after the deregulation of the telecommunications industry in the mid-1980s, especially after several price wars between the major telecommunications companies. The term slamming was coined by Mick Ahearn, who was a consumer marketing manager at AT&T in September 1987. The inspiration for the term came from the ease at which a competitor could switch a customer's service away from AT&T by falsely notifying a telephone company that an AT&T customer had elected to switch to their service. This process gave AT&T's competitors a "slam dunk" method for the unauthorized switching of a customer's long-distance service. The term slamming became an industry standard term for this practice.
Mobile phone spam is a form of spam, directed at the text messaging or other communications services of mobile phones or smartphones. As the popularity of mobile phones surged in the early 2000s, frequent users of text messaging began to see an increase in the number of unsolicited commercial advertisements being sent to their telephones through text messaging. This can be particularly annoying for the recipient because, unlike in email, some recipients may be charged a fee for every message received, including spam. Mobile phone spam is generally less pervasive than email spam, where in 2010 around 90% of email is spam. The amount of mobile spam varies widely from region to region. In North America, mobile spam steadily increased after 2008 and accounted for half of all mobile phone traffic by 2019. In parts of Asia up to 30% of messages were spam in 2012.
The Data Protection Act 1998 (DPA) was an Act of Parliament of the United Kingdom designed to protect personal data stored on computers or in an organised paper filing system. It enacted provisions from the European Union (EU) Data Protection Directive 1995 on the protection, processing, and movement of data.
Junk faxes are a form of telemarketing where unsolicited advertisements are sent via fax transmission. Junk faxes are the faxed equivalent of spam or junk mail. Proponents of this advertising medium often use the terms broadcast fax or fax advertising to avoid the negative connotation of the term junk fax. Junk faxes are generally considered to be a nuisance since they waste toner, ink and paper in fax machines.
In the United Kingdom, telephone numbers are administered by the Office of Communications (Ofcom). For this purpose, Ofcom established a telephone numbering plan, known as the National Telephone Numbering Plan, which is the system for assigning telephone numbers to subscriber stations.
The Information Commissioner's Office (ICO) is a non-departmental public body which reports directly to the Parliament of the United Kingdom and is sponsored by the Department for Science, Innovation and Technology. It is the independent regulatory office dealing with the Data Protection Act 2018 and the General Data Protection Regulation, the Privacy and Electronic Communications Regulations 2003 across the UK; and the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 in England, Wales and Northern Ireland and, to a limited extent, in Scotland. When they audit an organisation they use Symbiant's audit software.
Email marketing is the act of sending a commercial message, typically to a group of people, using email. In its broadest sense, every email sent to a potential or current customer could be considered email marketing. It involves using email to send advertisements, request business, or solicit sales or donations. Email marketing strategies commonly seek to achieve one or more of three primary objectives: build loyalty, trust, or brand awareness. The term usually refers to sending email messages with the purpose of enhancing a merchant's relationship with current or previous customers, encouraging customer loyalty and repeat business, acquiring new customers or convincing current customers to purchase something immediately, and sharing third-party ads.
The term opt-out refers to several methods by which individuals can avoid receiving unsolicited product or service information. This option is usually associated with direct marketing campaigns such as e-mail marketing or direct mail. A list of those who have opted out is called a Robinson list.
Cold calling is the solicitation of business from potential customers who have had no prior contact with the salesperson conducting the call. It is an attempt to convince potential customers to purchase either the salesperson's product or service. Generally, it is referred as an over-the-phone process, making it a source of telemarketing, but can also be done in-person by door-to-door salespeople. Though cold calling can be used as a legitimate business tool, scammers can use cold calling as well.
Data retention defines the policies of persistent data and records management for meeting legal and business data archival requirements. Although sometimes interchangeable, it is not to be confused with the Data Protection Act 1998.
The Privacy and Electronic Communications Regulations 2003 is a law in the United Kingdom which made it unlawful to, amongst other things, transmit an automated recorded message for direct marketing purposes via a telephone, without prior consent of the subscriber. The law implements an EU directive, the Privacy and Electronic Communications Directive 2002.
The Data & Marketing Association formerly, Direct Marketing Association (DMA) is a trade organization for marketers. In 2017, their web site stated, "Yes, 100 years ago we were the Direct Mail Marketing Association and then the Direct Marketing Association. Now we embrace …"
The Australian national Do Not Call Register scheme was set up in Australia to regulate the activities of telemarketers who make unsolicited telephone calls to private individuals or who send unsolicited faxes. The scheme is free and applies to home, mobile or fax numbers. A number of categories of organisations are exempt from the Register prohibitions, including government bodies, registered political parties, MPs, political candidates, charities and educational organisations. As of April 2013, the Register had 8.5 million numbers listed.
Privacy and Electronic Communications Directive2002/58/EC on Privacy and Electronic Communications, otherwise known as ePrivacy Directive (ePD), is an EU directive on data protection and privacy in the digital age. It presents a continuation of earlier efforts, most directly the Data Protection Directive. It deals with the regulation of a number of important issues such as confidentiality of information, treatment of traffic data, spam and cookies. This Directive has been amended by Directive 2009/136, which introduces several changes, especially in what concerns cookies, that are now subject to prior consent.
A nuisance call is an unwanted and unsolicited telephone call. Common types of nuisance calls include prank calls, telemarketing calls, and silent calls. Obscene phone calls and other threatening calls are criminal acts in most jurisdictions, particularly when hate crime is involved.
The Telecoms Package was the review of the European Union Telecommunications Framework from 2007 – 2009. The objective of the review was to update the EU Telecoms Framework of 2002 and to create a common set of regulations for the telecoms industry across all 27 EU member states. The review consisted of a package of directives addressing the regulation of service provision, access, interconnection, users' contractual rights and users' privacy, as well as a regulation creating a new European regulatory body (BEREC).
Privacy law in Denmark is supervised and enforced by the independent agency Datatilsynet based mainly upon the Act on Processing of Personal Data.
The ePrivacy Regulation (ePR) is a proposal for the regulation of various privacy-related topics, mostly in relation to electronic communications within the European Union. Its full name is "Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC ." It would repeal the Privacy and Electronic Communications Directive 2002 and would be lex specialis to the General Data Protection Regulation. It would particularise and complement the latter in respect of privacy-related topics. Key fields of the proposed regulation are the confidentiality of communications, privacy controls through electronic consent and browsers, and cookies.
