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Introduction and summary

Background to the consultation

1.1 This document sets out Ofcom’s new policy towards silent and abandoned calls. It will be of greatest relevance to organisations using predictive diallers in call centres.

1.2 Under sections 128-130 of the Communications Act 2003 (the “Act”), Ofcom is empowered to take enforcement action when it has reasonable grounds for believing that a person (either an individual or a legal entity) has persistently misused an electronic communications network or electronic communications service. A person misuses a network or service if the effect or likely effect of their behaviour is to cause unnecessary annoyance, inconvenience or anxiety to another person.

1.3 Under section 131 of the Act Ofcom is required to publish a statement of its general policy with regard to the exercise of its powers under sections 128-130. Section 131(2) of the Act enables Ofcom to revise the statement, from time to time, as it sees fit. On 31 October 2005 Ofcom launched a consultation on significant changes it proposed to make to the statement. Although the Act does not impose a statutory obligation on Ofcom to consult on revisions to the statement, we took the view that it was appropriate to bring the proposed amendments to the attention of Ofcom’s stakeholders and to invite their views.

Persistent misuse and silent calls

1.4 The changes to the statement have been prompted by the growing public concern about the distress caused to consumers by silent and abandoned calls. Most silent calls arise when call centres misuse predictive diallers to generate more calls than their agents can handle. When a consumer answers such a call and no agent is available, the consumer either hears silence or the call is automatically terminated, resulting in an abandoned call.

1.5 Ofcom has concluded that organisations making a significant number of silent or abandoned calls are behaving in a way that constitutes persistent misuse under the Communications Act.

1.6 The generation of silent calls had already been identified as a form of persistent misuse in previous versions of the statement. Ofcom, at its own-initiative, investigated seven companies regarding the annoyance caused to consumers by short duration and silent calls, completing its work on 31 October 2005 (see http://www.ofcom.org.uk/bulletins/comp_bull_index/comp_bull_ccases/closed_all/cw_835). We have also carried out research into consumer attitudes. We concluded that companies using predictive diallers needed guidance that goes beyond that previously given. This was the reason for our consultation on amendments to our statement of policy on 31 October 2005.

1.7 This document sets out our new policy statement. It sets out the factors we will take into account in deciding whether or not to take enforcement action under the persistent misuse powers. These factors establish an approach to prioritising enforcement action, which depends on the seriousness of the misuse, its impact on consumers and the value of a deterrent effect.

1.8 In deciding whether to take enforcement action in a particular case Ofcom will also be influenced by the positive steps that call centre operators may have taken to reduce the impact of silent or abandoned calls. There are a number of operating procedures that call centres can adopt which, taken as a package, will act as mitigating factors in establishing the gravity of a particular act of misuse. In summary, these procedures include the following:

• Limiting abandoned calls to a rate not exceeding three per cent of calls made;
• Playing a brief information message giving details about the call in the event that a call is answered before an agent is available;
• Maintaining a 72-hour period before a number receiving an abandoned call may be called again;
• Providing calling line identification (CLI) information on outbound calls, so that consumers can know the number that is calling;
• Maintaining a minimum 15 second ring time.

These procedures are set out in more detail in paragraph 6.16 of the statement.

1.9 Ofcom has concluded that persistent misuse may also take the form of fax distribution to phone lines. The statement identifies the steps that fax broadcasters can take to reduce the level of annoyance caused when a fax call is made to a phone line. They are set out in paragraph 6.18 of the statement.

1.10 Ofcom firmly believes that the recommendations contained in this statement, and our approach to enforcement, will have a real impact on the nuisance caused by abandoned calls. We intend to review their effect after twelve months in order to determine whether further changes to the statement are required.

The full document is available below

• Statement of policy on the persistent misuse of an electronic communications network or service [pdf]
  Statement - Full Print Version

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