Hi Zoe,
The regulations from OfCom and the Information Commissioner really fall into 2 distinct groups/arenas - calls made for marketing purposes and those that are not.
Marketing is still heavily protected and governed - you would need to TPS your data, call within acceptable time constraints and the point of my post would not be possible - you cannot leave an automatically generated message on an answermachine when the purpose of the call is marketing. If you are getting such calls then I would certainly go back to the originator and ask for recordings/transcripts of calls made to you and why they have not adhered to your TPS request. Maybe the threat of an OfCom investigation would force them to tighten their procedures.
For non marketing purposes it is acceptable to call using a dialler, and also to leave an automated answer message as long as you adhere to the DPA (be careful what data you leave as anyone in the family could pick up the message). The final sticking point here is can you play an automated voice (for non marketing calls) to an actual live voice e.g if someone picks up, the automated message advises "this is a call from x for mr blue, if you are mr blue press 1 otherwise press 2" etc. Initial investigations would suggest no, this is not permitted in the UK for marketing or non-marketing, however the following nugget has just landed in my lap : "In the original Oftel terms and conditions of licence for Public Telephone Operators (PTOs) it was illegal to play recorded messages to consumers, this judgement was successfully challenged by BT with reference to maintenance calls. When Oftel was merged into the larger OfCom these PTO licences were revoked, freeing the providers to terminate recorded messages to consumers, however the 2003 Privacy in Electronic Communications Act also ensures it is still illegal to send marketing messages to UK consumers. However non marketing calls don't constitute a marketing call (the consumer has already received goods and services and now has an exiting relationship). Therefore you must adhere to FSA and OFT guidance (message must contain, name, reference, name of company and contact number). As for whether these calls are legal: The following organisations already use this service, the NHS, all major political parties and more importantly a number of borough councils for Council Tax demands."
I'm sure some more feedback from any agency that utilises these procedures (NHS etc) would help clarify, although I hope the above is of assistance.
Gary. |