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Telephone Preference Service

TPS

What is the Telephone Preference Service?

The Telephone Preference Service, set up by the Direct Marketing Association (UK) Limited (DMA), was originally formed in 1995 as a voluntary self-regulatory mechanism to enable consumers to opt-out of receiving unsolicited sales and marketing calls.

Following the adoption of the Telecommunications Data Protection Directive by the European Parliament in 1997, the Department of Trade & Industry (DTI) and the Office of Communications (OFCOM) entered into a public consultation period resulting in The Telecommunications (Data Protection and Privacy) Regulations 1999 which affect all telemarketers in the UK and came into force 1st May 1999. The Directive and Regulations are wide-ranging in their scope and should be studied carefully, in their entirety, by UK tele- & fax-marketers.

In February 1999 OFCOM issued an Invitation To Tender for the Management of the Telephone and Fax Opt-Out Schemes. The DMA was awarded the contract to run the Telephone Preference Service (TPS) and Fax Preference Service (FPS).

The TPS enables Individuals to register their objection to receiving direct marketing calls with a central service.

Telemarketing companies are able to receive the list of numbers that have been registered by subscribing to the TPS.

My company already operates an in-house "do-not-call" list. Do we need to sign up with the TPS as well?

The Regulations stipulate that you should not call an Individual who has previously notified you that such telemarketing calls are unwelcomed. The Regulations also stipulate that telemarketing calls should not be made to Individuals who have registered their objection to such calls with a central register. You will therefore need to ensure you do not contact an Individual who is registered with TPS as well as screening numbers against your own in-house "do-not-call" list.

Telesales are a major part of my business. Why should I subscribe to a service which precludes me from sourcing potential new customers?

Previously in the UK, the self-regulation of those companies making unsolicited sales and marketing calls fell largely under the remit of trade associations such as the DMA and the Glass and Glazing Federation (GGF) which incorporated best practice guidelines for telemarketers in their Codes of Practice.

However, as from 1st May 1999, it is unlawful to place a direct marketing call to an Individual who has objected, either directly to you as a company or with the central registration scheme - the TPS.

The Regulations require that companies comply with an Individual's request for suppression made to the central registration scheme no later than 28 days after the request was registered.

Can I call my customers?

The Regulations cover calls made to customer lists as well as non-customer lists. If you conduct out-bound telemarketing you will need to be clear on the requirements placed on you by the Regulations which have been effective since 1st May 1999. From that date you are required to ensure you do not phone Individuals who have registered that they do not want to receive direct marketing calls. This will include any of your own customers who have indicated to you directly that they do not wish you to call and those registered with the central register - the TPS. You will be able to continue to call a customer if they have previously indicated that they do not object to you calling them.

What happens if my company calls an Individual who has objected?

Enforcement of the Regulations is the responsibility of The Office of the Data Protection Commissioner.

Should an Individual registered with the TPS make a complaint about calls from a company, the TPS office will investigate the circumstances in which the call was made. A full report will be made to The Office of the Data Protection Commissioner who will take appropriate action under the new legislation.

Of course, an Individual could also contact the Data Protection Commissioner directly to complain about a call being received.

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