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Telephone canvassing for domestic or commercial
- Thread starter Craig
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It is illegal as due to gdpr you can't legally get peoples details off cold calling lists etc supplied by companies.
We all have to adhere to gdpr now and not disclose customers information.
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I think you will find it is illegal one of my customers is a solicitor and I was talking to him about it when the gdpr all came in he said that it was now illegal to cold call domestic phone numbers , unless they had phoned or otherwise given permission for the company to phone them .
like a lot of things in life just beacause something is illegal doesn’t stop people doing it , a lot of these called come from abroad using numbers in this country to make it look like it’s a local call .
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It's not illegal,double glazing firms have been doing it for years.They are trying to get it stopped but as of yet it's still legal
My brother does it for a double glazing firm based in Essex mate so if it is illegal in not sure how his firm gets away with it.He has been doing it about 20 years
My brother does it for a double glazing firm based in Essex mate so if it is illegal in not sure how his firm gets away with it.He has been doing it about 20 years
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like I said just beacause it’s illegal doesn’t mean companies stop doing it but if they are reported it’s a hearty fine , we used to get loads of cold calls but not anymore, I do get a few on the mobile mostly from abroad , but nothing like it used to be .
This sort of explained it
scottish cleaning service
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I got one customer through Checkatrader and now I have about 8 in same bit because the windy moved away. Don't want to take anyone's work off of them but he is a bit cheaper than me so his customers should stay loyal but as we are finding out not much of it going about.
Cold calling isn't' illegal 'per se' but the caller might be committing a criminal act IF the called's number is listed on the TPS (it's the callers legal obligation to check BEFORE calling). (I always make sure to tell any cold callers who interrupt my day - that they are personally committing a criminal offence - as I'm on the TPS - you can almost 'feel' the blood draining from their pale 'call centre faces' ? )
https://www.inbrief.co.uk/consumer-law/cold-calling-and-the-law/
Use of unsolicited calls
It is not illegal for a company to make a ‘live’ cold call for general marketing purposes, subject to the following exceptions. The 2003 Regulations prohibits the use of live cold calls where:
A person or company will not be deemed to have contravened the Regulations where the phone number has been listed with the Telephone Preference Service register or the Corporate Telephone Preference Service register for less than 28 days when the call is made
https://www.inbrief.co.uk/consumer-law/cold-calling-and-the-law/
Use of unsolicited calls
It is not illegal for a company to make a ‘live’ cold call for general marketing purposes, subject to the following exceptions. The 2003 Regulations prohibits the use of live cold calls where:
- The individual has made it clear they do not wish to receive such calls, or
- The recipient’s number is listed in the Telephone Preference Service register or the Corporate Telephone Preference Service register (see below).
A person or company will not be deemed to have contravened the Regulations where the phone number has been listed with the Telephone Preference Service register or the Corporate Telephone Preference Service register for less than 28 days when the call is made
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Shammy Davis Senior
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So the calls I get daily from "The Trade Finder" who claim to be working with Yell.com are illegal by now I assume
scottish cleaning service
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Yell calls me every 3 months and I answer hi Yell how can I help you. The Irish guy says how do you know its yell because we use a local number. I say i spoke to you 3 months ago and I remember your voice. He doesn't know what to say because he can't use his prepared statement. Then I say I can't go on Yell because I'm working 7 days a week. The poor guy doesn't know what to say and the penny drops and he says thanks for your time, good bye. ?
Not illegal to simply make a cold call via phone...
But it may be if they have previously communicated to you/your company not to call/contact them
or
They are on the Telephone Preference Service (and have been for at least 28 days)
Interestingly It IS illegal to make a physical house cold call (for commercial purposes) in a area designated a 'No Cold Calling Zone' (you'll see the red/blue signs on lamp post - your council should have it listed on website/ in offices etc)
But it may be if they have previously communicated to you/your company not to call/contact them
or
They are on the Telephone Preference Service (and have been for at least 28 days)
Interestingly It IS illegal to make a physical house cold call (for commercial purposes) in a area designated a 'No Cold Calling Zone' (you'll see the red/blue signs on lamp post - your council should have it listed on website/ in offices etc)
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I was referring to domestic houses not a business
unless you have a business number or you have given them written or verbal permission or have some sort of contract with them yes
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According to one of my customers it is illegal to phone anyone other than a business I have just shown him these posts and he laughed and said I must be doing it all wrong then as I earn over 250k per year prosecuting people for doing it , tell your window cleaning friends to stick to window cleaning and let people who understand the law do there job !!! So that told me ????
Your customer sounds pretty cocky to me,one of them ones that think,oh he is just a window cleaner.Probably thinks us window cleaners are bottom of the barrel that are on about a tenner an hour.He would probably be very shocked to know that window cleaners earn very good money.Tell him, I've got a mate that earns twice what he does through window cleaning,ten vans on the road
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no not at all he’s an ok guy, but just saying i a window cleaner isn’t going to know the law better than him which is true , if he had ten Soliciters he would earn far more than ten window vans ?? , there are some that are window cleaners that do have other skills but a Soliciters know s the law far better than any of us , if we were that good we would be doing his job !!
I wouldn't wanna do his job mate,if I did I would be doing it ?, f going to uni for 5 or 6 years,I like my freedom to do what I like when I like.My ex Mrs was a solicitor they don't all earn mega money I can tell you that,she is a criminal defence solicitor.Good money yeah but unless you own the firm most solicitors don't earn anymore than a good window cleaner with a good round and good priced jobs
Shammy Davis Senior
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Aren’t these calls placed to a business? From Trade Finder. Whatever that is.
Unless the law’s changed recently you can register with the TPS as a householder which means you shouldn’t get cold calls but it’s not illegal. There are obviously issues around data but that’s slightly different. I haven’t checked the current law mind.
You might be right on the “No Cold Calling Zone” thing but it doesn’t sound right to me. I’ll Google that one.
Shammy Davis Senior
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I might 'just' be a window cleaner...but even window cleaners can read and comprehend English....?
Cold calls can be made legally, if they comply with the legislation, if they don't, they can be illegal'
Tackling cold calls via phone calls - home/mobile...(excerpts from Ofcom & ICO websites)
"Ofcom is the regulator for the communications services...home service...mobile services"
(as the regulator you'd hope they knew what they are talking about...)
"Although companies and organisations are allowed to make live telesales calls, they cannot call you if you have:
Information Commissioners Office
"The ICO enforces the Privacy and Electronic Communications Regulations 2003 which cover the way organisations make live direct marketing telephone calls.
"Live marketing calls should not be made to anyone who has registered with the Telephone Preference Service (TPS) or the Corporate Telephone Preference Service (CTPS), unless they have told the caller that they wish to receive such calls from them. Live marketing calls should also not be made to anyone who has told the caller directly that they do not wish to receive marketing calls." https://ico.org.uk/your-data-matters/nuisance-calls
"ICO has several ways of taking action to change the behaviour of anyone who breaches PECR. They include criminal prosecution, non-criminal enforcement and audit. The Information Commissioner can also serve a monetary penalty notice imposing a fine of up to £500,000 which can be issued against the organisation or its directors." https://ico.org.uk/for-organisations/guide-to-pecr/what-are-pecr/
So in summary as previously stated 'cold call' calls are legislated for and regulated.
The law allows them to be made as long as they don't contravene the relevant regulation
If cold calls breach the legislation they are likely to be illegal and could be prosecuted
So @Pjj presumably your customer defends/prosecutes those who breach the legislation.
Clearly though crucially 'cold calls' can be made.
So @Shammy Davis Senior if the 'cold call' doesn't comply, it can be illegal (i.e on TPS and still called)
Succinct 'independent' article written by solicitor/legal journalist (which coherently summarises both authority's above position)
https://www.inbrief.co.uk/consumer-law/cold-calling-and-the-law/
Cold calls can be made legally, if they comply with the legislation, if they don't, they can be illegal'
Tackling cold calls via phone calls - home/mobile...(excerpts from Ofcom & ICO websites)
"Ofcom is the regulator for the communications services...home service...mobile services"
(as the regulator you'd hope they knew what they are talking about...)
"Although companies and organisations are allowed to make live telesales calls, they cannot call you if you have:
- told them previously that you don't want to receive telesales calls from them; or
- registered your number with the Telephone Preference Service (TPS) or Corporate Telephone Preference Service (CTPS), unless you have previously given a company permission to make marketing calls to you (e.g. by ticking or unticking a tick box on a form when starting a new service or getting a product from the company)."https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/problems/tackling-nuisance-calls-and-messages/live-marketing-calls
Information Commissioners Office
"The ICO enforces the Privacy and Electronic Communications Regulations 2003 which cover the way organisations make live direct marketing telephone calls.
"Live marketing calls should not be made to anyone who has registered with the Telephone Preference Service (TPS) or the Corporate Telephone Preference Service (CTPS), unless they have told the caller that they wish to receive such calls from them. Live marketing calls should also not be made to anyone who has told the caller directly that they do not wish to receive marketing calls." https://ico.org.uk/your-data-matters/nuisance-calls
"ICO has several ways of taking action to change the behaviour of anyone who breaches PECR. They include criminal prosecution, non-criminal enforcement and audit. The Information Commissioner can also serve a monetary penalty notice imposing a fine of up to £500,000 which can be issued against the organisation or its directors." https://ico.org.uk/for-organisations/guide-to-pecr/what-are-pecr/
So in summary as previously stated 'cold call' calls are legislated for and regulated.
The law allows them to be made as long as they don't contravene the relevant regulation
If cold calls breach the legislation they are likely to be illegal and could be prosecuted
So @Pjj presumably your customer defends/prosecutes those who breach the legislation.
Clearly though crucially 'cold calls' can be made.
So @Shammy Davis Senior if the 'cold call' doesn't comply, it can be illegal (i.e on TPS and still called)
Succinct 'independent' article written by solicitor/legal journalist (which coherently summarises both authority's above position)
https://www.inbrief.co.uk/consumer-law/cold-calling-and-the-law/
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