TPS and the Law

TPS and the Law

The Privacy and Electronic Communications (EC Directive) Regulations 2003 regulate the use of electronic communications for unsolicited marketing to individuals and organisations.

You must not make marketing calls to any number listed on the Telephone Preference Service (TPS) or Corporate TPS (CTPS), unless that person has specifically consented to your calls. You can call a number if it is not listed on the TPS or CTPS. So you need to screen call lists against the TPS and CTPS before you start calling.

You then need to re-screen call lists against TPS and CTPS every 28 days, if you are still calling on the same list:

• The Telephone Preference Service (TPS) is a central opt-out register whereby individuals, sole traders and partnerships, can register their wish not to receive unsolicited sales and marketing telephone calls. It is a legal requirement that companies do not make such calls to numbers registered on the TPS.
• The Corporate Telephone Preference Service (CTPS) is the central opt-out register whereby corporate subscribers (including limited companies, PLCs, limited liability partnerships, Scottish partnerships, government bodies, schools, colleges and charities) can register their wish not to receive unsolicited marketing calls. It is a legal requirement that companies do not make such calls to numbers registered on the CTPS.

Staying legal when marketing by phone

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Should I check against TPS, CTPS or both?

The Information Commissioner’s Office recommends that you check against both TPS and CTPS registers, to be 100% certain that all registered numbers are identified and can be excluded from calling.

By using 121prodata, you can be sure that your numbers are checked against both the TPS and CTPS registers, every time.

For more information about the rules for making live calls, please see guidance from the Information Commissioner’s Office.

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Avoid a Fine of up to £500,000

Companies not meeting their legal obligations can receive a Monetary Penalty of up to £500,000 from the Information Commissioner’s Office (ICO).

If you would like more information, please see the Information Commissioner’s Office website by going to www.ico.org.uk.