Out-Law / Your Daily Need-To-Know

Ofcom has published new rules that will protect consumers from the nuisance of silent telephone calls, complementing an increase in the maximum penalty that can be imposed on offenders (from £5,000 to £50,000) confirmed by the Government today.

Silent calls are generally caused by 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 October last year, Ofcom launched a consultation into new measures to tackle the problem. As a result, a new policy on the persistent misuse of electronic communications networks or services, including silent and abandoned calls, is being introduced with immediate effect.

There are three main requirements:

  • Abandoned call rates must be below 3% 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 5% maximum required by existing voluntary industry codes. Ofcom believes that setting an enforceable 3% limit will significantly reduce the volume of abandoned calls, while allowing the legitimate and responsible use of automated calling systems;
  • All abandoned calls must carry a short recorded information message identifying the source of the call; and
  • 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.

Organisations are required to keep records for a minimum of six months to demonstrate their compliance, and Ofcom promises to take action to enforce the new rules where appropriate.

The watchdog will review the policy after 12 months to assess whether further changes are necessary.

Elsewhere, the Government confirmed today that the maximum financial penalty that Ofcom can impose would 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 consultation by the Department of Trade and Industry.

“Silent calls are annoying and distressing, particularly for the elderly, hard of hearing and people living on their own,” said Trade and Industry Secretary Alan Johnson. “Our consultation showed overwhelming support for raising the maximum penalty for silent calls. The increased fine, combined with the action Ofcom has taken today, will help to minimise the nuisance of silent calls for the public."

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