Clearview National July 2017 - Issue 188 | Page 25

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Chance to Prevent Ban on
Sales Calls to Consumers
Call For Action On the TPS (CFAOTTPS), the organisation formed to
prevent a ban on telemarketing, is calling for representatives from the
home improvement sector to join an executive lobbying team.
» » THE CAMPAIGN BODY IS CREATING
a group to meet with government ministers
and the Information Commissioners Office
(ICO) to put forward new telemarketing
regulations as an alternative to the opt in only
rule that is widely expected following the
recent passing of the Digital Economy Act.
An opt in only based regulatory regime
would effectively deprive companies of the
ability call members of the public. Even if an
existing relationship were to exist there would
have to be specific prior permission to call
for any contact by telephone to be within the
law.
by well-known brands, and it’s the biggest
players in the home improvement sector that
will have the biggest impact when working
with leaders in other retail areas to achieve
regulation that works. This has to be a joint
effort and ideally the major brands will play
a key role.
One of the main arguments for less
restrictive regulation is that a ban on
outbound calls is likely to make matters worse
for members of the public. Rogue calling
companies that currently openly ignore
current rules are unlikely to cease operating
after they are given the field to themselves. If
they are caught under new regulations those
companies based in the UK will fold and
remerge as they do when prosecuted under
current rules, and the overseas offenders are
untouchable by UK authorities. Rogue calling
is likely to increase to fill the void left by
compliant companies.
‘Once the opportunity
is past there will not
be a second chance’
The new Act was passed as part of the
government ‘wash up’ before Parliament
closed for the General Election, and under it
the ICO will be instructed to draft new direct
marketing and data practice guidelines. Its
recommendations will go before ministers
for consideration and implementation.
Politicians clearly stated in debates on the
Act that they are not in the mood to tolerate
any weak or watered down measures, and
‘nuisance calling’ is the most common subject
of letters to MPs.
There is broad belief the ICO will put
forward recommendation for an opt in
based telephone rule similar to that which
governs text and email marketing. It would
effectively mean a ban on telemarketing.
A government spokesperson has already
said new regulation will be placed on a
statutory footing, which means rule breakers
appearing in court.
Ministers do not have to abide by what
the ICO puts forward, and part of the
Digital Economy Act includes government
instruction to the ICO to consult all relevant
representative bodies as part of a review
‘To save outbound calling
it’s now or never’
prior to formulating recommendations.
CFAOTTPS will put forward alternative
regulation that protects the public and allows
ethical companies the freedom to make
outbound calls. It has already won success
in persuading Information Commissioner,
Elizabeth Denham, to review the existing
flawed Telephone Preference Service.
CFAOTTPS is creating a new executive
from business sectors that are major users
of telemarketing, such as the energy and
telecoms industries, to meet with the
regulator and ministers to put forward
alternative regulatory reform. Politicians
and regulators, like everyone, are influenced
“If business sectors do not work together
to point out flaws in an opt in system, and do
not put forward proposals that will protect
both public and commercial interests then it
is very likely that sales calls to consumers will
become a thing of the past,” says CFAOTTPS
founder and editor of Decision Marketing,
Charlie McKelvey. “There is six months to
create alternative telemarketing regulation
and then put it to the ICO and government.
Once the opportunity is past there will not be
a second chance. To save outbound calling it’s
now or never.”
CFAOTTPS is a free to join collective of
telemarketing interests that has been formed
to draft robust and workable regulation, and
to put its recommendations to the ICO and
government.
https://cfaottps.cmnty.com/home
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