A variant of this hypothetical situation has arisen at an employer of mine.
It had a complaint/compensation claim from someone who tripped and hurt his
hand when going to answer a marketing call - needless to say it was rejected
out of hand (no pun intended!)
Chris
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Michael Jason Lord
Sent: 19 August 2005 15:53
To: [log in to unmask]
Subject: Re: [data-protection] Silent Calls - are the DMA's new rules right?
And just how is it ever reckless to make a phone call or reasonable to
presume that calling someone on the phone is likely to lead to a persons
death?! If that was the case then, in these litigious times, nobody
would call anybody for any reason.
Michael Lord
>>> "Smith, Tony" <[log in to unmask]> 19/08/2005
15:19:03 >>>
If s/he was rushing to get to a call that was from someone who was
telling her about her daughter/son/granddaughter/son then I would say
that it was an accident. If s/he was running to get a call from an
uninvited telesales person and died I would say that it is manslaughter.
It is inevitable that some older/disabled people are eventually (if it
hasn't already happened) going to get injured or killed when running for
one of these calls. I would have thought that any reasonable person
would realise this. The definition of manslaughter is recklessly doing
an act that any reasonable person would realise may lead to the death of
another.
Tony
-----Original Message-----
From: Peter Dinsdale [mailto:[log in to unmask]]
Sent: 19 August 2005 14:48
To: [log in to unmask]
Subject: Re: Silent Calls - are the DMA's new rules right?
I don't understand the point you're trying to make there. She'd be just
as
likely to rush and fall if it was a phone call from one of the various
people in London that she had tried to contact. She is the one that is
rushing, and the person on the other end of the line cannot possibly
take
responsibility for her actions. Yes, it would be annoying that she'd
hurt
herself rushing for a marketing phone call, but would it make it OK if
she
was rushing for a genuine phone call? Your logic escapes me.
Please respond to "Smith, Tony" <[log in to unmask]>
Sent by: This list is for those interested in Data Protection
issues <[log in to unmask]>
To: [log in to unmask]
cc:
Subject: Re: [data-protection] Silent Calls - are the DMA's new
rules right?
OK, so your mother (or father/grandmother/father) knows that you were
in
London on the tube on the 7th July. S/he has left various messages with
people in London asking for information. The phone rings and in her/his
rush to answer it s/he falls down the stairs. That is her fault?
Tony
-----Original Message-----
From: Tim Trent [mailto:[log in to unmask]]
Sent: 19 August 2005 11:02
To: [log in to unmask]
Subject: Re: Silent Calls - are the DMA's new rules right?
I rather think the idea of rushing to the phone is the responsibility
of
the
person who chooses to rush. While I am very sorry for the granny who
flies
down the stairs while rushing to answer the phone I also question her
judgement in rushing.
I do appreciate the concept of an 0800 number. But if that is managed
by
the same cowboy operations that we wish to drum out of business then
there
is not chance of change
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Smith, Tony
Sent: 19 August 2005 10:19
To: [log in to unmask]
Subject: Re: [data-protection] Silent Calls - are the DMA's new rules
right?
More importantly than people finding the calls a nuisance, what about
older/disabled people who rush to the phone and injure themselves by,
for
example, falling down a flight of stairs. I would ban the calls.
However,
if
the government insists on keeping them, they should leave a message
saying
something along the lines of "if you do not want to receive any more
of
these calls, ring 0800xxxxxxxxxx"
Tony
-----Original Message-----
From: Simon Howarth (WSL) [mailto:[log in to unmask]]
Sent: 19 August 2005 10:10
To: [log in to unmask]
Subject: Re: Silent Calls - are the DMA's new rules right?
>Another personal opinion is that if the DMA is supporting wider use of
>autodiallers then they ought to change their name to the Direct
>Nuisance Association
I agree entirely with this! The DMA should be ashamed of itself if this
is
the case, and rest assured if I meet any DMA representatives, they are
going
to have to answer a lot of questions on this subject from me.
About a year ago we had a run of silent calls (every evening for about
two
weeks), and this started to frighten my wife as I work away sometimes
and
she was alone when some of these calls came in. Whoever was doing this
had
very poor systems, and I quickly fathomed what was going on, to the
great
relief of the family. We still get occasional silent ones, but now know
to
just put the phone down. Also if I answer the phone and there is a
perceptible silence before someone speaks to me, I state straight away,
that
I believe they are using systems that promote silent calls and as such
I
do
not wish to speak them any further; I did used to ask to talk to a
manager,
but this usually blew the operators minds....
I understand the need for marketing of products and services, but
unfortunately my experience of the professionalism of this bunch of
people
has been very mixed; from ultra professional to downright childish.
The DMA should be ensuring that at least for those organizations it
can
influence, they stay within the bounds of decency - it's not so much
about
the law, but as someone said earlier, it's about respect for people.
Simon Howarth.
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