Silent cold calls: Ofcom consults on new rules

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.