When silence is not golden

The telecoms regulator, Ofcom, now has the power to fine those companies responsible for automated telephone calls that leave the call receiver hearing nothing up to £2m.

This is a substantial advance on the previous power to fine such offenders up to £50,000. Ofcom’s power to fine offending companies arises from the rights granted to it under the Communications Act 2003 to fine companies (or other persons) which persistently misuse the telecoms network and unnecessarily cause network users annoyance, inconvenience and anxiety. Such calls certainly fall within this bracket!

The increase in the fines available is evidence of the increased negative publicity regarding such practises by firms.

Businesses should therefore be aware of the risks of using such automated telephone systems. The systems might typically be used for telesales or market research purposes. With possible fines ranging up to £2m, the risks of misuse are clear. 
 
Written by Matthew Read, a Solicitor in the Nelsons Commerce and Technology group. To find out more about our Commerce & Technology group, click here.