Two points, here, Tim.

 

You did not complete any questionnaire which they used as an ice breaker to start the conversation with you. Perhaps they fudged this bit – if they had said they were conducting “market research” this may not be PECR complaint. Their lie isn’t likely to be anything other than shabby business practice for which I can see the ICO’s point.

 

The selling, or attempted selling of an appointment to you is surely in contravention of PECR since you are TPS registered. The ICO documentation - http://www.ico.gov.uk/upload/documents/library/privacy_and_electronic/introductory/pecr%20how%20to%20complain%20final.pdf – states that you should contact the offender in the first instance. There are four conditions in which the ICO may be able to help you and your complaint as detailed satisfies those conditions.

 

Sorry if I’m teaching you to suck eggs.

 

Ronan.

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 30 March 2010 15:52
To: [log in to unmask]
Subject: [data-protection] When is a sales cold call not a sales cold call?[Scanned]

 

On 20 July 2009 I received a call from what appears to be a timeshare sales company, Ventura, of Bournemouth. I know it was on that date because I not only lodged a PECR complaint, I blogged about it: http://timtrent.blogspot.com/2009/07/july-attracts-phone-spam-from-01202.html Googling Ventura Bournemouth timeshare brings up some interesting results.

The call spoke about a questionnaire that I had filled in (A lie because I have never filled out any such questionnaire), and then attempted to sell me an appointment. SInce my number is TPS registered number there is a prima facie PECR case to answer.

You would expect this to be a very simple case for the UKIC's staff to handle, but it appears not. Ventura has done well by alleging a questionnaire because the case sorters at the UKIC insist that this was a call over which they have no powers. They say:

BEGINS
As I understand it you believe that as you have no pre-existing relationship with Ventura and that the purpose of the call was to market you since you had never completed a questionnaire, then this type of call would fall under the Privacy and Electronic Communications Regulations 2003 (the Regulations).
 
I have spoken to a Casework manager concerning the type of call you received. In conclusion, as it does not appear the call contained any actual marketing, we are of the opinion that the call would not fall under the Regulations we enforce.
ENDS

 

They propose to take no further action.

 

Two things strike me about this. The first is that the complaint started on 20 July 2009! That is somewhat outside the service level that any member of the public has a right to expect. The second is that they appear not necessarily to understand the regulations they have to handle.

 

Of course, I could be wrong, or I could be tilting at windmills again!  I have been known to do that! I have pushed it back to them again this, this time asking them to judge whether they will actually get to grips with this very old case, or whether they wish to treat it as a complaint.

 

What do we think, collectively, about companies who make a cold call to discuss a non existent questionnaire to a TPS registered number with a view to flogging (eg) a timeshare? DO we think the call breaks the PECR?

 

Tim Trent - Consultant
Tel: +44 (0)7710 126618
personal blog: timtrent.blogspot.com/ - news, views, and opinions
personal website: Tim's Personal Website - more than anyone needs to know

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Tim Trent - Consultant
Tel: +44 (0)7710 126618
web: ComplianceAndPrivacy.com - where busy executives go to find the news first
personal blog: timtrent.blogspot.com/ - news, views, and opinions
personal website: Tim's Personal Website - more than anyone needs to know

Marketing by Permission

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