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Telephone Preference Service Rules

by Adam Brogden
in Blog

17-Jun-2019 11:26

The GDPR and PECR apply together in a complicated and slightly confusing way. The rules around the use of data for telephone marketing are just too complicated. Take a look at the advice from the ICO on use of data. If you have any questions please call us. This is a tricky area and many companies have been fined for breaking these rules so please be extra careful! The key is to make sure you check all numbers against the TPS and keep evidence that you do this regularly and unsubscribe / block people when they ask.

In general, you must not make marketing calls to any number listed on the Telephone Preference Service (TPS) or Corporate TPS (CTPS), unless that person has specifically consented to your calls. You can call a number if it is not listed on the TPS or CTPS and you are not marketing claims management services. So you need to screen call lists against the TPS and CTPS. You can only make marketing calls in relation to pension schemes if you meet a strict criteria. You must allow your number to be displayed and not hide your number or use fake numbers.

The rules on live marketing calls are complicated. In short, you must not make unsolicited live calls:

  • To anyone who has told you they don’t want your calls

  • To any number registered with the TPS or CTPS, unless the person has specifically consented to your calls – even if they are an existing customer (unless the call is in relation to pension schemes and you meet a strict criteria, see below)

  • For the purpose of claims management services, unless the person has specifically consented to your calls

  • In relation to pension schemes unless you are a trustee or manager of a pension scheme or a firm authorised by the Financial Conduct Authority, and the person you are calling has specifically consented to your calls or your relationship with the individual meets a strict criteria

You must always say who is calling, allow your number (or an alternative contact number) to be displayed to the person receiving the call, and provide a contact address or freephone number if asked. For more info, check out the ICO’s Direct Marketing Guidance!

Good luck all.

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