The U.K. Telephone Preference Service – Caller Beware

The Information Commissioner’s Office (ICO) administers two “do not call” registries in the United Kingdom under the Privacy and Electronic Communications Regulations 2003 (as amended) (PECR) – the Telephone Preference Service (TPS) for consumers, and the Corporate Telephone Preference Service (CTPS) for businesses. Since 2012, the ICO has been empowered to impose fines of up to £6,500 per call (and up to £500,000 if the breach is deemed severe enough) – so read on for some tips on how to avoid a pricey penalty.

Whom can I call?

If you’ve gotten specific consent from a business that you can contact them – then by all means, go ahead! The PECR requires that you not contact businesses who have registered for either the TPS (in the case of, for example, sole traders and some partnerships) or the CTPS (most other business types and government bodies). That right – for B2B calls you’ll need to check both lists, since different organization types fall under each of the two.

The PECR also requires you to keep your own “do not call” list – any individual or business that has told you to stop calling is off limits going forward. And if you’re making automated calls, you’ll need specific consent for that type of call in advance.

However, if your organization doesn’t have any presence in the U.K., consult your own legal counsel about whether your calls into the U.K. are subject to PECR. Also, if you’re not selling anything – i.e. you’re actually only conducting market research or for recruiting purposes – then you shouldn’t need to screen against the TPS or CTPS at all.

What do I have to say?

The PECR requires telephone marketers to always say who is calling, allow your number (or an alternative contact number) to show up on caller ID, and to provide a contact address or toll-free number if requested.

Automated calls must always include your name and a contact address or toll-free number, and again – your number needs to show up on caller ID, and you’ll need to stop making automated marketing calls if consent is ever withdrawn.

How often do I have to check?

Under the PECR, you’ll need to check every 28 days to update your lists.

Lusha cannot provide legal advice to its customers – this article is provided for informational purposes only and is not legal advice. Please consult your own legal counsel for any advice related to compliance with these laws.