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Telemarketing – The Legal Issues

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Before embarking on a telemarketing campaign there are some important legal issues to be aware of.

First, you should make sure that anyone you call is not registered with the Telephone Preference Service (TPS). Government legislation was brought in on 1st Map 1999 and subsequently replaced by the Privacy and Electronic Communications (EC) stating that it is unlawful to make unsolicited direct marketing phone calls to individuals if they have previously indicated that they do not wish to receive these types of calls.

The Telephone Preference Service was therefore introduced, allowing people to register their phone numbers stating that they no longer wish to receive any form of marketing phone calls.

In order to stay within the law you should check that no one on your call list is registered with the Telephone Preference Service. To do this there are generally three options – you can manually check each number, enlist the services of a list cleaning company, or purchase a license.

The same rules apply for business-to-business marketing calls. The Corporate Telephone Preference Service (CTPS) is the opt out register where companies can choose not to receive any unsolicited marketing calls to the company as a whole or certain numbers within the company.

However, companies have tended to avoid registering at the CTPS as it can lead to missing hearing about opportunities that may have been beneficial for business.

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