Telephone canvassing for domestic or commercial

[Pjj]

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:

• 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/ 

Yes he does  that’s correct , I am on the TPS scheme but still continue to get on a very regular basis marketing and cold calls some evan leave answer phone messages asking me to phone them back !,,,, , I get fed up with it to be honest , 

 

[NoName]

Pjj, it is does take a while for the companies to 'refresh' their calling roster - they should check with the TPS and exclude all numbers listed...so over time calls should dwindle as they do this.

But of course people can still ignore/be ignorant of the law/process.

Soon as I sus it's a cold call (normally as they say 'are you the business owner..'2 secs in) I get them to confirm their and the company name - I make a point of politely informing the caller (use name) they have just committed a criminal act - by calling me unsolicited (As I'm on the TPS)  I then say on this occasion I will not report you to the ICO but if I receive another call from you/your company I will report both breeches. I point out they need to check with the TPS before calling again. (takes a few seconds, but it soon becomes a 'patter' that can be trotted automatically - eventually this weeds them out)

Quite a few 'well I just googled/yellow pages/Thompson/etc you' I point out the cold call regulations apply to them irrespective how they 'got my number'. To your point, I recently got a call from a well known 'pure water automated supplier'  :1f609: who once I rattled off my response said 'I just goggled you' and I pointed out it still applied and that before he rings another windie he need to check them all against the TPS list to prevent alienating the very customers he's trying to court. (So we can all help each other by resisting the urge to just hang-up, but give this stock 'TPS' response. 

 

[Pjj]

Pjj, it is does take a while for the companies to 'refresh' their calling roster - they should check with the TPS and exclude all numbers listed...so over time calls should dwindle as they do this.

But of course people can still ignore/be ignorant of the law/process.

Soon as I sus it's a cold call (normally as they say 'are you the business owner..'2 secs in) I get them to confirm their and the company name - I make a point of politely informing the caller (use name) they have just committed a criminal act - by calling me unsolicited (As I'm on the TPS)  I then say on this occasion I will not report you to the ICO but if I receive another call from you/your company I will report both breeches. I point out they need to check with the TPS before calling again. (takes a few seconds, but it soon becomes a 'patter' that can be trotted automatically - eventually this weeds them out)

Quite a few 'well I just googled/yellow pages/Thompson/etc you' I point out the cold call regulations apply to them irrespective how they 'got my number'. To your point, I recently got a call from a well known 'pure water automated supplier'  :1f609: who once I rattled off my response said 'I just goggled you' and I pointed out it still applied and that before he rings another windie he need to check them all against the TPS list to prevent alienating the very customers he's trying to court. (So we can all help each other by resisting the urge to just hang-up, but give this stock 'TPS' response. 

I have been in the TPS list for over 12 months I think most just ignore it , I have said similar to you and generally they hang up , a few months ago I had 5 calls from the same company from 5 different numbers in one afternoon, I reported them and haven’t had a re call from them again ????

 

[scottish cleaning service]

I have been in the TPS list for over 12 months I think most just ignore it , I have said similar to you and generally they hang up , a few months ago I had 5 calls from the same company from 5 different numbers in one afternoon, I reported them and haven’t had a re call from them again ????

Cheers Paul, I just registered my mobile number so no more calls for me! ?

 

[NoName]

'No cold calling zones'

Not illegal (despite what a number of council post on their websites! ? Coventry/West Yorkshire/etc)

But you could commit an offence depending on your actions whilst there...

Don't leave when asked - Illegal

Return when asked not to  - Illegal

Agree work >£42 but fail to provide written notice of cancellation rights - Illegal (oops that's me then)

Imply custy needs to make a decision there/then or special price is timebound to persuade custy sign up - illegal

If you're in a No Calling Zone, and commit one of the above and get reported, the local Trading Standards/Council may be more likely to get involved, investigate and 'possibly' refer for prosecution

The Consumer Protection From Unfair Trading Regulations 2008. 

http://tradingstandardsblog.co.uk/doorstep-cold-calling-the-law

https://www.surreycc.gov.uk/business-and-consumers/trading-standards/finding-a-trader/rogue-traders-scams-and-cold-callers/door-step/what-is-the-law-on-door-step-cold-calling