Written question asked by Dan Norris (Labour) on Thursday, 16 February 2006, in the House of Commons. It was due for an answer on Monday, 27 February 2006. It was answered by Alun Michael (Labour) on Monday, 27 February 2006 on behalf of the Department of Trade and Industry.

Unsolicited Telephone Calls

Question: To ask the Secretary of State for Trade and Industry what steps his Department are taking to protect people against the nuisance of unsolicited automated telephone marketing and sales calls.

Answer: Under the Privacy and Electronic Communications (EC Directive) Regulations 2003, those who undertake automated marketing recorded calls have to have prior consent and are required to comply with Regulation 19(1) and (2) of the Privacy Regulations, which requires prior consent of the consumer. Accordingly unsolicited marketing and sales calls are illegal. Also, Regulation 24(1)(a) requires that all messages must include the identity of the caller and an address or freephone number.The Information Commissioner has responsibility for the enforcement of the Privacy Regulations and considers complaints about such calls if sufficient information is provided. A breach of their enforcement notice is a criminal offence subject to a fine of up to £5,000 in a magistrates court.In practice, most of these calls request a premium rate service number to be called and are scams and as such it may be more appropriate for the premium rate services regulator, the Independent Committee for the Supervision of Standards of Telephone Information Services, to investigate such cases. Those service providers found to be in breach of ICSTIS' Code of Practice can be shut down, barred from operating and fined up to £250,000.

Secondary information

Type: Written question
Reference: 54395; 443 c143-4W;443 c143-4W
Session: 2005-06
Subjects: Direct marketing Enforcement Telephones Unsolicited goods and services
Link: View this Written question on www.publications.parliament.uk