Making marketing calls legally may be more complicated than you might think.


Spencer Clarke, Owner of 121 Prodata Ltd is our ‘Go To’ for General Data Protection Regulation and ePrivacy Regulation and online self-service Telephone Preference Service (TPS/CTPS) checking to help stay legally-compliant when making sales calls.

Spencer shares his insights into the pitfalls of making calls.

“It can be an expensive business if you don’t stay within the law, not to mention the potential damage it can cause to your own or your client’s reputation and brand.

Companies not meeting their legal obligations can be fined up to £500,000 by the Information Commissioner’s Office (ICO). Monetary penalties have been issued for making repeated marketing calls to numbers listed on the Corporate / Telephone Preference Service (C/TPS) registers and ignoring people’s objections to those calls.

TPS and the Law

The Privacy and Electronic Communications (EC Directive) Regulations 2003 regulate the use of electronic communications for unsolicited marketing to individuals and organisations.

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. So you need to screen call lists against the TPS and CTPS before you start calling. You then need to re-screen call lists against TPS and CTPS every 28 days, if you are still calling on the same list:

  • The Telephone Preference Service (TPS) is a central opt-out register whereby individuals, sole traders and partnerships, can register their wish 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.
  • The Corporate Telephone Preference Service (CTPS) is the central opt-out register whereby corporate subscribers (including limited companies, PLCs, limited liability partnerships, Scottish partnerships, government bodies, schools, colleges and charities) can register their wish not to receive unsolicited marketing calls. It is a legal requirement that companies do not make such calls to numbers registered on the CTPS.

STAYING LEGAL WHEN MARKETING BY PHONE


Should I check against TPS, CTPS or both?

The Information Commissioner’s Office recommends that you check against both TPS and CTPS registers, to be 100% certain that all registered numbers are identified and can be excluded from calling.

By using 121prodata, you can be sure that your numbers are checked against both the TPS and CTPS registers, every time.

For more information about the rules for making live calls, please see guidance from the Information Commissioner’s Office.


Avoid a Fine of up to £500,000

Companies not meeting their legal obligations can receive a Monetary Penalty of up to £500,000 from the Information Commissioner’s Office (ICO).

If you would like more information, please see the Information Commissioner’s Office website by going to www.ico.org.uk.

Spencer Clarke

Spencer is offering our subscribers the below exclusive deal:

Free TPS and CTPS Checker trial – and lifetime 10% discount (for Hello subscribers)

If you are fighting back and have increased the number and frequency of telephone calls to your database, you need to make sure your prospects do not object to marketing calls.

The Telephone Preference Service (TPS) and the Corporate Telephone Preference Service (CTPS) registers give people a chance to ‘opt-out’ of receiving unsolicited marketing calls. Every business is required to check the data they hold against these registers every 28 days. 121prodata’s Online TPS and CTPS Checker makes this really easy to do. If you don’t, you could face a monetary penalty from the ICO. 

If you’d like a free trial to check up to 500 telephone numbers and a lifetime discount of 20% please:

  1. Visit https://121prodata.co.uk/register and create an account – remember to include Hello in the Reference box at the bottom of the form
  2. You will then receive an email with a link. Click on this to activate the account
  3. 121prodata will add 500 free credits which will allow you to check 500 telephone numbers – either one at a time or a lists(s) of numbers
  4. 121prodata will also apply a 10% discount to your account – for life – this could provide significant savings over time if you wanted to continue to use the checker.

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