Culture, Media and Sport CommitteeWritten evidence submitted by John Collins [NTC 026]
Summary
The problem of nuisance telephone calls, texts and emails is epidemic. The measures provided for avoiding them are ineffective at best and counterproductive at worst. Enforcement powers granted to regulators such as the Information Commissioner and Ofcom are woefully inadequate.
To many people the problem of what are usually referred to as “spam” calls and texts has become as uncontrollable as the weather. You can avoid them by not having a phone in the same way as you can avoid getting wet by never going out but that is hardly acceptable.
Unlike the weather, however, Parliament does have some control over this area and serious action would be welcomed.
The Telephone Preference Service (TPS)
I registered my phone number on the TPS the very first day it was possible to do so. Despite this I would say I receive at least one nuisance call a day and sometimes as many as 3 or 4.
If challenged about being on the TPS, the caller usually responds:
1.“What’s that?”
2.“It doesn’t apply to this type of call”.
3.“You filled in a survey about XYZ and agreed to be called”.
4.“Sorry we won’t call you again” (and then they do).
5.“You bought something from us 10 years ago and ….”
On (thankfully a few) occasions something like:
6.“Did you know you are a ****ing stupid ****er thinking that does anything for you?”
or even
7.“Yes we know you’re on the TPS so we knew you’d be interested in.....”
The problems with the TPS are:
1.It is run by the DMA—a more classic case of a poacher pretending to be a gamekeeper is harder to imagine.
2.It costs callers serious money to obtain a list of people “not to call” so it is easier just to call everyone and put up with the odd complaint.
3.The enforcement authorities, mainly the Information Commissioner, can only act if the complaints amount to a sufficient volume that they can say it is a “serious breach” of the PECR.
4.In many cases the caller’s number (as displayed by caller ID or by dialling 1471) is withheld or is false making it impossible to track down the caller.
5.It is totally ineffective against overseas calls, to which the nuisance callers are happily resorting.
6.You can’t even shout and swear at the “recorded message” calls.
I have never actually bought PPI but (although the avalanche of PPI claims callers has thankfully tailed off) I half-wish that the banks had won the battle over PPI.
The Commercial TPS
Owning a small business, I was keen to register on the Commercial TPS the instant it arrived. I noticed that the DMA was fighting hard against its implementation, but having lost that fight, “administers” it along with the original TPS.
I may think that the original TPS is ineffective but the Commercial TPS makes it look like a tower of strength.
You have to remember to renew it each year (in case that does any good).
It is hard to see why someone running a small business should be less protected from nuisances and time-wasters than someone in their home.
My Suggestions
I would suggest that Parliament enact the following changes:
1.Change the philosophy of the system to one of “opt-in” rather than “opt-out”. People must consciously and deliberately “opt-in” to the receipt of calls and confirm that that is their intention which can be withdrawn at any time at short notice.
2.It should not actually be possible to give “blanket” opt-in permission for any type of call but only for specific subjects of interest to the subscriber.
3.Permission to call under the “opt-in” system must not be assigned or acquired by other parties.
4.The purchase of goods and services from a caller shall not entitle the caller to continue to make calls to the purchaser for longer than the warranty period of the goods or services purchased.
5.Calls from within the UK must always be made with an accurate caller ID whose numbers must not be at premium or increased phone rates to call back.
6.“Recorded message” calls must be totally banned.
7.Telcos must provide the facility to bar incoming International Calls without charge.
8.Any non-accidental breach of the regulations should be punishable, not just serious ones.
9.The TPS and commercial TPS should be continued, but run by the Information Commissioner’s office or Ofcom not the DMA and the penalties for abuse of numbers on those lists should be higher than for other breaches. Registration on the TPS and Commercial TPS lists should be subject to a fee of about £50. However 10% of any fine imposed as a result of a call or calls to a number on the lists should be paid to the recipient.
10.Increased penalties should be imposed on callers who have been previously explicitly told by the recipient to stop calling them, or who have acted abusively, offensively or otherwise caused distress.
11.Payment of any contract obtained by use of methods in breach of the regulations cannot be enforced even if the goods or services have been delivered.
12.The provisions should apply to private limited companies as well as to individuals. Any entry in the commercial TPS should be permanent, not subject to annual renewal.
13.The above shall apply to mobile phones and texts.
July 2013
