Are you at risk of being fined for direct marketing calls?

A decision in the First-tier Tribunal (General Regulatory Chamber: Information Rights) provides a reminder to businesses that they are legally obliged to check the Telephone Preference Service (TPS) before calling individuals, without their consent, for direct marketing purposes. The tribunal upheld a monetary penalty notice for £50,000 for failure to comply with the rules on unsolicited direct marketing calls. The Information Commissioner (ICO) relied on 524 unsolicited marketing calls, many of these were made to individuals who had registered their telephone number with the TPS.

Businesses that carry out direct marketing campaigns should keep records of consumer consents and suppression lists. This decision demonstrates that the ICO will be able to cast its net wider than to just the number, content and tenor of the calls and can consider a broader course of conduct, including business practices. Businesses should, therefore, take seriously the need to keep up-to-date and accurate records, evidence of staff training and overall compliance in relation to direct marketing, in case of a complaint or an ICO investigation.

There are key issues a business should consider when carrying out direct marketing. In particular how customer information should be collected and how product information should be communicated to existing customers.

For further advice and information, please call 024 7623 1000

Askews Legal LLP – Solicitors in Coventry.