This week I had a telemarketing client asking me about the rules around the Telephone Preference Services and the differences between Telephone the Corporate Preference services so this week I thought I’d do a blog about it and ask…
Are you TPS Compliant?
If you are a making telesales and telemarketing telephone calls then you are required by law to check the telephone numbers against the telephone preference service.
Under the Privacy and Electronic Communications (EC Directive) Regulations 2003 UK companies, charities and individuals are required by law to check telephone numbers being used for sales and marketing calls every 28 days. They are required to remove numbers that are registered against the Telephone Preference & Corporate Telephone Preference and not to make any unsolicited sales calls to those numbers that are registered.
Made simple… this is a list of consumers & companies who have registered stating that they do not want to receive sales and marketing calls.
So why should you screen against these files?
Companies including charities not meeting their legal obligations can be fined up to £6,500 for each registered number they call.
So what are the differences between The Telephone Preference and the Corporate Telephone Preference service?
The Corporate Telephone Preference Service (CTPS) is a register of corporate organisations (Limited & PLC Companies, Schools, Hospitals, Charities and Government) who have registered their telephone number wishing not to receive unsolicited sales and marketing telephone calls to all their organisation’s telephone numbers.
It is a legal requirement that companies do not make such calls to the numbers registered on this list.
The Telephone Preference Service (TPS) is a register of individuals, sole traders & partnerships who have registered their telephone number wishing not to receive unsolicited sales and marketing telephone calls.
It is a legal requirement that companies do not make such calls to numbers registered on the TPS.
So should I check against The TPS, CTPS or both?
If you are only calling domestic numbers you only need to check against the Telephone Preference Service.
If you are calling businesses, then you must check against The Corporate Telephone Preference Service, however you may also need to check against the Telephone Preference Service as well, this is due to the act that sole traders & partnership are registered on this file. If in doubt then you should screen against both.
Can I call my exiting customers that are listed on the TPS file?
The regulation states that you should not make any unsolicited direct marketing calls to individuals or corporate who have listed their telephone number (s) on the TPS file unless the subscribers has told you directly that they do not object to you calling them. i.e. they have taken positive action or given an indication that invites or opts in to receiving calls.
Where a customer subsequently registers with the TPS, companies can contact the customer however it is good practice to clarify that they do not object to such calls.
Data Bubbles Data Services
All data purchases via Data Bubble – whether that’s Business Data or Consumer data is TPS / CTPS screened prior to output
Please see the Information Commissioners’ Extract available at www.ico.gov.uk
If you would like to keep up todate then please connect to me on linked in http://uk.linkedin.com/in/jodatabubble
Do you screen your data every 28 days? Have you been fined? I would welcome your comments