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01|03|06

New rules to protect consumers from silent calls

Ofcom today announced the implementation of new measures designed to strengthen consumer protection from silent telephone calls.

Silent calls are a significant cause of inconvenience and anxiety for thousands of people every month. Most silent calls are not generated with malicious intent but occur when call centres using automated calling systems generate more calls than their available agents can deal with. When the person called answers the telephone, there is no agent available, resulting in silence on the line.

Sections 128-130 of the Communications Act 2003 give Ofcom power to take action against persistent misuse of electronic communications networks or services, including silent and abandoned calls. After a public consultation announced in October 2005, Ofcom is now introducing a new policy on persistent misuse to be implemented with immediate effect.

The new rules provide a consistent and enforceable framework for the responsible use of automated calling systems. Ofcom’s policy aims significantly to reduce the total number of calls abandoned by call centres and to ensure that consumers can clearly identify the source of any abandoned call that they receive.

The new rules include three key requirements:

1. Abandoned call rates must be below three per cent of all calls made in any 24 hour period for each campaign. An Ofcom investigation into silent calls last year found that some call centres' abandoned call rates can be significantly higher than the five per cent maximum required by existing voluntary industry codes. Ofcom believes that setting an enforceable three per cent limit will significantly reduce the volume of abandoned calls, while allowing the legitimate and responsible use of automated calling systems;
2. All abandoned calls must carry a short recorded information message identifying the source of the call;
3. Calling line identification (CLI) must be included on all outbound calls generated by automated calling systems. CLI allows people to dial 1471 and access the telephone number of the person or organisation calling them.

Ofcom will take action to enforce the new rules where appropriate, including investigation of UK-based organisations using offshore call centres found to be in breach of specific requirements. Organisations are required to keep records for a minimum of six months to demonstrate their compliance. Ofcom plans to review the policy after 12 months to assess whether further changes are necessary.

Separately the Government has confirmed today that the maximum financial penalty that Ofcom can impose will be increased from £5,000 to £50,000 for each breach of the rules. The increased fine will come into effect later this year and follows a separate DTI consultation.

Ofcom Chief Executive Stephen Carter said: "There is a clear case for action here. We now have powers which will enable us to act effectively against silent calls."

Ends.

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