Q&As

If an organisation contracts a third party to make direct marketing calls on its behalf, must its call centre operatives say they are calling from the third party or can they act as if they are calling from the original organisation?

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Published on LexisPSL on 07/11/2017

The following TMT Q&A provides comprehensive and up to date legal information covering:

  • If an organisation contracts a third party to make direct marketing calls on its behalf, must its call centre operatives say they are calling from the third party or can they act as if they are calling from the original organisation?
  • Selling information

If an organisation contracts a third party to make direct marketing calls on its behalf, must its call centre operatives say they are calling from the third party or can they act as if they are calling from the original organisation?

The organisation must ensure it obliges with the TPS Assured (Call Centre) Handbook 2016 which says that a call centre must disclose its own organisations’ identity on request.

Regulation 24 of the Privacy and Electronic Communications Regulations 2003, SI 2003/2426, states:

‘24 Information to be provided for the purposes of regulations 19, 20 and 21

  1. (1) Where a public electronic communications service is used for the transmission of a communication for direct marketing purposes the person using, or instigating the use of, the service shall ensure that the following information is provided with that communication—

    (a) in relation to a communication to which regulations 19 (automated calling systems) and 20 (facsimile machines) apply, the particulars mentioned in paragraph (2)(a) and (b);

    (b) in relation to a communication to which regulation 21 (telephone calls) applies,

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