This follows a £50,000 fine by ICSTIS on Leeds-based service provider Moby Monkey (non-DMA member) for breaches of its Code on a number of counts in relation to a competition/award service promoted by SMS text messaging. The Committee found the messages to have been sent on an inappropriate basis, with repeat messages sent to some consumers including children. Concerns were also raised over "spam" promotions that are indiscriminate in their targeting. <p>

Both the DMA and ICSTIS want clarity on the legal position if service providers cannot show that consumers have opted into receiving the promotion in question and whether service providers are breaking the law if they do not clean lists against the Telephone Preference Service (TPS), a free registration service for consumers wishing to stop receiving marketing approaches by telephone, administered by the Direct Marketing Association.

Decisive action by the Information Commissioner will allow both the DMA and ICSTIS to better respond where spamming is at the heart of consumer complaints. <p>

Tessa Kelly, DMA Director of Compliance Operations said: "The TPS currently takes registrations from consumers wishing to register their mobile number with the TPS but because of the legal confusion surrounding SMS, we aren't in a position to guarantee that a consumer won't receive marketing messages via SMS, despite being registered. If clear guidance was given then it would certainly help in the process of dealing with consumer complaints".

For further information please contact: Lara Shannon, Limelight PR. Tel: 0207 821 9210 or email: lara@limelightpr.co.uk

Editors note:

About the Telephone Preference Service (TPS)

Under the Telecommunications (Data Protection and Privacy) Regulations 1999, it is unlawful for a company to make a sales and marketing telephone call to an individual who has indicated they do not want to receive such calls. A consumer can do this by either advising the companies directly not to phone, or registering with the TPS, a centralised service that will stop all such calls. This does not include market research calls - a request to stop calling will need to be made directly to them.

The TPS consumer file is sent to companies registered with the TPS. Subscriptions are based on the volume of the file required and the frequency requested. Smaller companies, who do not use large consumer lists and may only need to check individual numbers against the TPS file, may have the option of using an online service. For a minimum monthly fee of £50, businesses can check up to 500 numbers by logging on to www.tpsonline.org.uk. There are currently just over 2.1 million consumers registered with the TPS. Consumers can call 0845 070 0707 to register (local call rate).