Problem with the Telephone Preference Service (TPS)

When the Telephone Preference Service (TPS) was first introduced, it was tremendously effective, because companies believed they were at genuine risk of being fined £5000 per call if they transgressed. However, calls to registered numbers have  increased, and consumers now get several unsolicited calls a day on a TPS registered number.

We believe the reason for this is offshore companies and the fact that no UK company has ever been prosecuted. Consumers have tried to complain, but are told  to complete a lengthy form, and that no action would be taken unless there were five or more complaints. Faced with this, consumers just give up.

Moreover, the burden placed on the consumer to report is greater than the burden of putting up with the calls, and has little chance of success even if one takes the trouble. Companies are increasingly realising this, and returning to their old random telemarketing ways.

Finally, marketers are required to pay to access the  Telephone Preference Service data for list-screening purposes.  There is no excuse for the high fees charged for data access, they only serve to reduce compliance.

History of the Telephone Preference Service Limited (TPSL)

The Telephone Preference Service Limited (TPSL) , set up by the Direct Marketing Association (UK) Limited (DMA), was originally formed in 1995 as a voluntary self-regulatory mechanism to enable consumers to opt-out of receiving unsolicited sales and marketing calls.

The Privacy and Electronic Communications Regulations came into force on 11th December 2003. The requirement to screen against the Telephone Preference Service (TPS) and Fax Preference Service (FPS) previously fell under the Telecommunications (Data Protection and Privacy) Regulations 1999.

In February 1999 OFCOM issued an Invitation To Tender for the Management of the Opt-Out Scheme. The DMA was awarded the contract to run the Telephone Preference Service (TPS).

The Privacy and Electronic Communications Regulations

The Privacy and Electronic Communications 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 21 of these Regulations does not allow unsolicited live marketing telephone calls to be made to a number if:

• it is registered with the Telephone Preference Service (TPS), or the Corporate Telephone Preference Service. (CTPS) and/or
• a specific request has been made to the organisation not to make marketing calls to that number.

The Telephone Preference Service Limited and the ICO

The Information Commissioner advises on and enforces the Privacy and Electronic Communications Regulations.

Implications of phoning a TPS registered number

There is a fine of up to £5000 per offence for making unsolicited sales call to numbers on the TPS and CTPS registers. The simple definition of unsolicited is “did they ask you if they could call”.

Complaints

Complaints handled by TPS and Corporate TPS are included in a regular report sent to the Information Commissioner’s Office (ICO). It is the ICO who are the body responsible for enforcement.

* In a number of cases figures for particular periods are not held so these figures are not a complete record of the complaints received by TPSL, just the figures the ICO currently holds and can access electronically. In some cases, such as 2001-2002, much of the information relating to that year is not available (either because it is not held or was provided manually in individual complaint forms and is not provided for the reasons described above).

The three main Preference Services that impact upon UK consumers and businesses are:

• The Mail Preference Service
• The Telephone Preference Service
• The Fax Preference Service

These are FREE SERVICES, and you can register with them yourself directly, without using our service.

These services are designed for slightly different purposes, as there are different Laws relating to mail communications and ‘electronic communications’. The Mail Preference Service is basically a useful resource that some companies already refer to before sending out marketing mail to potential new companies. It is not compulsory, therefore many companies that send out large volumes of direct marketing do not refer to it at all.

However the Telephone, and the Fax, Preference Services rely upon legislation passed by the Government in recent years which effectively makes it illegal for UK companies to make telephone calls or send faxes to individuals who have registered with these two services.

It may also interest you to know that these ‘Preference Services’ are not ‘Government’ services, and were not set up by the Data Protection Registrar, or as they are now known the Information Commissioner, but by the direct marketing industry itself – and they actually charge companies to check their mailing lists against the preference lists!