Automated Calling Systems and Fax

Let’s take at each of the rules. Firstly at Automated Calling Systems & Fax

Automated Calling Systems

An automated calling system

  • capable of automatically initiating a sequence of calls to more than one destination in accordance with instructions stored in that system, and
  • which transmits sounds that are not live speech
  • The definition covers recorded telephone messages rather than live telephone calls

It does not cover fax, e-mail, and text, picture and video messages.

This one is easy to put to bed!

Messages from automated calling systems must not be transmitted without the prior consent of any subscriber.

  • i.e. whether corporate or private individual must have prior consent

It is a breach of the Regulations to send automated messages without consent or to procure someone else (e.g. a marketing agency) to send automated calls on your behalf.

There have been so very many examples of organisations falling foul of this one, especially in the claims management front (PPI, Accidents etc.)

What Are Corporate or Individual Subscribers?

Well firstly we need the definitions under the legislation.

  • ‘Subscriber’ is the customer who has a contract with the service provider.  The subscriber may be an individual or an organisation.
  • ‘User’ is the individual using a public electronic communication service, so they may be subscriber or the subscribers employee, customer, a family member or friend if the subscriber is an individual.

‘Corporate Subscriber’ are a corporate body with separate legal status and includes companies, limited liability partnerships, Scottish partnerships and some government bodies.

‘Individual Subscriber’ covers individual customer, (including sole traders) and other organisations (for example other types of partnership).

Fax Marketing

The rules on marketing faxes a quite specific in that they must not be sent to;

  • Individuals, including sole traders and some partnerships, unless they have specifically consented to your faxes; or
  • a company or other corporate body that has advised you they do not want your faxes; or
  • any number which has been registered with the Fax Preference Service (FPS), unless the person has specifically consented to your faxes.

All marketing mush include your name and a contact address or a freephone number.

Fax Preference Service

The FPS is a central register of people who has opted out of receiving marketing by faxes. It’s primarily aimed at businesses but individuals can also register.  Registration is a one-off event.