Corporate TPS

If you want to make telemarketing calls to businesses

  • Unless you are convinced that the numbers on your list are those of businesses which are happy to hear from you, you must ensure that your list is cleansed of TPS registered numbers from 25 June 2004.
  • Sole traders and unincorporated partnerships have always been allowed to register their numbers on the TPS register. If you were making telemarketing calls to those sorts of businesses before 25 June 2004, you should have been checking that you didn’t call TPS registered numbers.
  • It is up to you how you comply with your obligation not to call numbers listed on the TPS register. Details of all the options available to you (including rates for screening smaller batches of numbers and contact details of list cleansers who will do the job for you as a subcontractor, if you prefer) can be found on the Corporate Site page of the TPS website
  • TPS registration takes 28 days to take effect therefore registrations made on, for example, on 25 June 2004 will not apply until 23 July 2004. However, you should bear in mind that since 11 December 2003, all businesses have had a separate, enforceable right to require you to stop making telemarketing calls to them. They can exercise that right, even if they used to be happy to hear from you. You should therefore already have in place your own list of suppressed numbers (or “do-not-call” list) to ensure you comply with such requests. If you have not set one up, you must do so immediately. You should also remember that businesses can exercise that separate right before, during or after the TPS registration period of 28 days and you are legally obliged to comply with such a request.
  • You should have systems in place to allow your telesales/customer service staff to add numbers to your “do-not-call” list. These requests might come in over the phone or in writing, perhaps to offices in different locations, so you should make sure you integrate any separate “do-not-call” lists. It is accepted that immediately post-25 June 2004, you might mistakenly call someone you shouldn’t, believing, in good faith, that they are still happy to hear from you. Your telesales staff should add all numbers called in such circumstances to your “do-not-call” list. If you can demonstrate that such calls were made in good faith, it is unlikely that the IC would take formal action against you should we receive a complaint about the incident. We would, in any event, insist that you add the called number to your “do-not-call” list. If you do not and the IC receives a further complaint, the IC may consider taking formal action against you.
  • When making any telemarketing calls, you are legally obliged, if asked, to provide your company name and either a freephone number or a valid postal or email address for opt-out requests. For the avoidance of doubt, you should provide the name and freephone number/valid address of the organisation whose products and services or whose aims and ideals are being promoted. Telemarketing staff are not legally obliged to provide their names although you might prefer them to do so as part of your customer service policy

This document is based on Crown Copyright © 2004

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