The Commissioner's guidance on these regs (now on the OIC website under guidance
and publications and "compliance advice" confirms
"Those who wish to market by text/picture/video message do not need to screen
against TPS but they do need to obtain prior consent before sending such
messages".
Chris
---------------------- Forwarded by Christopher Spray/Group Compliance/South
East/RAC Motoring Services on 14/11/2003 08:28 ---------------------------
Martin Hoskins <[log in to unmask]> on 12/11/2003 13:26:29
Please respond to Martin Hoskins <[log in to unmask]>
To: [log in to unmask]
cc: (bcc: Christopher Spray/Group Compliance/South East/RAC Motoring
Services)
Subject: Re: [data-protection] Text messaging and the Telephone Preference
Service
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Antoinette
That is right as far as T-Mobile is concerned, and I think that the other
telcos have taken our lead too - the aim was to be as transparent as
possible, by making it clear in the literature that is given to subscribers
that their personal details will be used for marketing purposes, until they
ask us not to.
We also work on the assumption that the subscriber's use of the telephone
service (in the knowledge of this statement) indicates that they have
consented to this and whatever other term and conditions are presented to
the subscriber/user.
The main problem the telcos have is not stopping marketing SMS messages that
the network has generated to its own subscribers, but in detecting
unsolicited SMS marketing messages sent by other users. We deal with huge
volumes of SMS messages - (collectively there are some 58 million sent each
day)and its hard to prevent people abusing the service. There is a certain
level of SMS spam, but to be honest its not as bad as it could be.
This is because people pay to send each SMS message, which gives us a
greater level of protection than the internet service providers who have to
deal with the problem that spammers (and the rest of us) don't pay to send
each e-mail we create. If you pay to send a large volume of messages, you
have to be reasonably certain that it will generate a sufficiently
commercial return on the investment of sending them.
Regards
Martin Hoskins
Data Protection Manager
T-Mobile (UK) Ltd
Hatfield Business Park
Hatfield, Hertfordshire AL10 9BW
+44 (0)7957 234585
+44 (0)1707 319056 fax
-----Original Message-----
From: Antoinette Carter [mailto:[log in to unmask]]
Sent: 12 November 2003 12:53
To: [log in to unmask]
Subject: Re: Text messaging and the Telephone Preference Service
I should add, however, that Martin H of T-Mobile is quite right in saying it
won't stop your own mobile phone company from marketing you by SMS, unless
you specifically contact them to say you don't wish them to, of course.
Have I got that right, Martin?
-----Original Message-----
From: Antoinette Carter [mailto:[log in to unmask]]
Sent: 12 November 2003 12:48
To: [log in to unmask]
Subject: Re: [data-protection] Text messaging and the Telephone
Preference Service
According to TPS website, it does include SMS - you simply supply them with
your mobile no., and tick the appropriate boxes. I've done it myself to
prevent receiving those "You've won £xxx - call us to claim your prize" only
to realise they charge £3/min for the call. And to give them their dues,
I've not had an unwanted SMS message since. Here's the link to their
on-line registration from.
http://www.mpsonline.org.uk/TpsR/html/register.asp
-----Original Message-----
From: Martin Hoskins [mailto:[log in to unmask]]
Sent: 12 November 2003 12:25
To: [log in to unmask]
Subject: Re: [data-protection] Text messaging and the Telephone
Preference Service
According to the DTI, it does not. The OIC, however, may have a different
view. Their views may be known around the end of the week.
(This can be treated as a "win" for the direct marketing industry, who aim
to make it s hard as possible for people to object to receiving direct
marketing material........................oh,,,,that Friday feeling
already...)
Regards
Martin Hoskins
Data Protection Manager
T-Mobile (UK) Ltd
Hatfield Business Park
Hatfield, Hertfordshire AL10 9BW
+44 (0)7957 234585
+44 (0)1707 319056 fax
-----Original Message-----
From: Martin Tubbs [mailto:[log in to unmask]]
Sent: 12 November 2003 12:21
To: [log in to unmask]
Subject: Text messaging and the Telephone Preference Service
Does anyone know whether the Telephone Preference Service applies to text
messaging as well as telephone calls?
Martin
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