The DMA has backed a call from ICSTIS for the Information Commissioner to
clarify the legal position regarding unsolicited SMS in advance of the EU Directive
on Electronic Communications, which is due for implementation into UK law by
October 2003.
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.
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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.
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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).
