Silent calls are generally caused by the computerised dialling
equipment of the type used in telesales. The equipment often dials
more numbers than there are call centre operators available – in
the expectation that some of the people being called will not be
home. This can leave recipients without an operator on the end of
the line, resulting in a "silent call", which is annoying at best,
but sometimes distressing.
In the wake of complaints over the growing problem and
Ofcom-initiated investigations into various companies, the watchdog
is now seeking to clarify the rules relating to the misuse of
electronic communications networks.
The new proposals require that:
- Any abandoned calls must carry a recorded information message
that identifies the source of the call and offers the person called
an opportunity to decline further calls from that source;
- Calling line identification (CLI) must be presented on all
outbound calls from call centres using automated calling systems.
CLI allows people to dial 1471 and access the telephone number of
the person or organisation calling them;
- Telephone numbers dialled then abandoned should not be called
again by that organisation’s automated calling system for at least
72 hours, unless a dedicated operator is available to take the
call;
- Abandoned call rates must be below 3% of total calls for any
24-hour period for each campaign. This is a lower threshold than
existing published industry codes which require a 5% limit, and is
intended to require operators to manage their systems more
effectively; and
- Records must be kept to demonstrate compliance with these
requirements.
In addition, the Government has agreed to increase the maximum
penalty that Ofcom can impose from £5,000 to £50,000 for each
breach of the rules.
"Consumers deserve proper protection from companies making
excessive silent calls,” said Trade and Industry Secretary Alan
Johnson. "By increasing the maximum fines from £5,000 to £50,000,
we are showing how determined we are to crack down on the distress
nuisance calls cause the public, especially elderly and vulnerable
people."
The consultation will close on 9th January.
The regulator also published today the results of an
investigation into seven companies, during which it found that
silent or abandoned calls rates were often higher than 3%.
Ofcom has issued notifications to four of the companies: Thomson
Directories Ltd, Ant Marketing, Fax Information Services Ltd and
Promote-IT Ltd. These organisations are required to reduce their
abandoned call rate to below 3% and provide monthly reports to
Ofcom on their performance until May 2006.
Ofcom has secured legally binding written undertakings from a
fifth firm, The Listening Company Ltd, committing to the same
performance and reporting requirements, while a sixth, Firestorm
Marketing Ltd, has stopped accepting contracts to send unsolicited
fax communications.
Ofcom found that the conduct of the seventh firm, Toucan
Telecom, did not constitute persistent misuse.
