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).

Independent research, including a MORI poll of 2,000 Britons, shows that the range and scale of nuisance calls is significant.

• Over 1.5 billion nuisance calls are made to the British public every year.
• The British Crime Survey reveals that 1.5 million people a year receive repeated malicious calls.
• Over half a million receive over 30 unwelcome calls per month.
• More than 70 % of Brits surveyed believe they have been a victim of a phone scam in the last 12 months.
• 230,137 unsolicited  calls were made daily to UK consumers by debt management and personal loan companies.
• BT receives more than 100,000 queries every month from individuals who are concerned about silent calls.
• There are 100 million contactable consumer telephone numbers in the UK
• More than 15 million or 60 % of UK households are already registered on TPS.

TPS can’t stop recorded message calls, calls from market research companies, silent calls, calls from companies who you have dealt with before or malicious calls – and telemarketers are constantly finding new ways of getting around it such as:

Robocalls: Using automated systems to deliver millions of pre-recorded messages. Widely used in the USA, these systems are spreading to the UK.

Sugging & Frugging: Calling the public under the guise of market research, but then trying to sell products – Sugging – or ask for charitable donations – Frugging.

Click Here For The Solution Now