Culture, Media and Sport CommitteeWritten evidence submitted by Group Utilities [NTC 044]
We understand that there will be a review of the increasing problem of nuisance calls in the UK. We apologise for the lateness of our comments.
Our company, Group Utilities have developed a community blocking and filtering systems and we would be most interested to participate in any debate on this subject.
The Problem
Whilst the TPS and ICO have their roles to play, there are shortcomings with the current system which are generally understood.
Many telemarketing companies either ignore the TPS (considering the risk that they will be pursued to be slight) or seek ways to circumvent the system by purporting that they are not actually selling anything and/or by using overseas entities to conduct marketing activities.
TPS & ICO
It is our view that, while additional powers and legislative changes for bodies like the TPS and ICO may help, this is never going to lead to a large-scale reduction in nuisance calls. Retroactive action against companies is slow, costly and ultimately ineffective. In addition, for every offender that is brought to account, more appear to take its place.
Community Generated Herd Vaccine
We have developed a cost-effective, community based service to enable our customers to avoid virtually all unsolicited calls as soon as they connect.
By way of explanation of this new approach, once a pre-set number of clients receive the same nuisance call and block it, our database records the blocked number. As all users do this, the nuisance number database is automatically generated by the called parties, in real-time. The database then updates the blocking tables for the thousands of our other clients (who will never again hear the phone ring).
We believe that this form of pre-emptive action will prove many times more effective than any retrospective action in curtailing the prevalence of unsolicited cold calls throughout the nation.
Suggestions
Even though we have improved the situation, we would like to see the companies that are entered on our blocklist being pursued swiftly and effectively by the appropriate authority.
To that effect, we have incorporated a call recording facility in order to gather the appropriate proof of abuse for the ICO/TPS or Police. Telemarketers—who hear a message stating that the called party is registered with the TPS and still insist on being put through—are recorded.
We are currently unclear as to whether the recordings would be admissible in a UK court (even if the called party is registered with the TPS). We would like to see the privacy legislation changed to permit such recordings to be provided to authorised bodies for the purpose of determining whether or not an illegal call has been made and to enable appropriate action to be taken.
Along the same lines, stating at the beginning of the call that the called party does not want to be disturbed, should oblige the calling party to withdraw regardless of whether the called party has ticked the internet box to be contacted, is being called for is a survey, by a sales team, or by some threatening third party. Registering with the TPS should not be necessary to protect one’s already granted, lawful privacy.
As a final comment, we would like to suggest that UK companies using overseas telemarketing companies to avoid the UK ruling should be dealt with in the UK. Again, because of the speed with which we must write, we are unclear whether this is in fact happening.
August 2013