Phone and email Marketing
We’ve looked at Automated Calls and Fax Marketing, next we’ll look at phone and email.
Live Calls
The regulations cover live marketing calls to landlines and mobile devices and should not be made to:
- anyone who has told you they do not want to receive your calls; or
- any number registered with the Telephone Preference Service (TPS) or Corporate Telephone Preference Service (CTPS), unless the person has specifically consented to receiving your calls – even if they are an existing customer!
When calling you must say who you are, allow your number or alternative contact number to be displayed to the person receiving the call and provide a contact address or freephone number if asked.
Preference Services
TPS is a central register for individuals who have opted out of receiving live marketing calls and can include sole traders. Individuals only need to register once with the service.
The CTPS works in the same way as the TPS but for companies and other corporate bodies (limited liability partnerships, Scottish Partnerships and government bodies).
Calling Individuals
You can call any individual with consent to receive calls from you, and without consent to a number that is not listed on the TPS, but only if that person hasn’t objected to your calls in the past.
It’s vital to keep screening against these services and keep your own list of ‘do not call’.
Calling Businesses
The rules are the same as for calls to individuals, but there are two preference services to check against and yes, another ‘do not call’ list.
As with the FPS, those registered with the TPS/CTPS can override their registration by actively consenting to receiving marketing calls from a particular subscriber and are free to withdraw their consent at any time.
Crossing The Line
In most organisations common sense has to prevail when it comes to making live calls but beware what information you are notating and storing, as there is a fine line definition especially when we come on to the next topic, in that the information crosses the line into becoming personal data, in a corporate setting.
Email and SMS/Text
You must not sent electronic mail marketing to individuals, unless:
- they have specifically consented to receiving electronic mail from you; or
- they are an existing customer who bought (or negotiated to buy) as similar product of service from you in the past and you gave them a simple way to opt out both when you first collected their details and in every subsequent message you have sent.
Additionally you must not disguise or conceal your identity; you must provide a valid contact address so that they can opt out or unsubscribe. In reality providing an unsubscribe option is possibly the easiest option.
The same rule applies to emails, text messages, picture messages, video message, voice-mails, direct message via social media or any similar message that is stored electronically.
Currently there is no preference service for this classification.
Emailing or sending text or other electronically sorted message to corporate bodies is allowed without consent, but it is always advisable to keep and refer to a suppression list (do not call) and screen against it.
Remember that sole traders and some partnerships are treated as individuals, as are employees at a corporate body who have a personal corporate email address, such as firstname.lastname@corporatedomain.