Under the 1999 regulations that are being replaced by PECR 2003 the TPS was
established for registering objections "to the use of telecommunications
services for the purposes of making unsolicited calls for direct marketing
purposes...". In the absence of any clarification (or other protection) I
believe the OIC took the view that "calls" included text messages and hence
texts were covered by TPS.
As has been pointed out, under the new regulations text messages are included in
the definition of electronic mail. There appears now to be clarification that
text messages are not "calls" in this context and therefore the OIC are correct
in saying that TPS will not apply to text messages (and perhaps never should
have)?
Chris
Jonathan Silverman <[log in to unmask]> on 12/11/2003 13:38:18
Please respond to Jonathan Silverman <[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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The TPS was at best poor in terms of the ability to explain to me as a
supposed consumer how to protect myself against unsolicited text messages.
Certainly the person I spoke to yesterday at ICSTIC felt that the O.I.C has
a responsibility for this whole area and that the TPS most definitely does
cover texting.
Some work to be done methinks
Regards
Jonathan
Jonathan Silverman
gsa
generating growth
http://www.getsoundadvice.com/
T: 01923 661 999
M: 07779 019998
Address:
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St Albans
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Paula Owen
Sent: 12 November 2003 13:18
To: [log in to unmask]
Subject: Re: Text messaging and the Telephone Preference Service
> They actually said there is no current legislation
that applies to texting
But surely the new Electronic Comms regs cover SMS, so by 11th December any
SMS direct marketing will have to be prior 'opt-in'?
-----Original Message-----
From: Jonathan Silverman [mailto:[log in to unmask]]
Sent: 12 November 2003 12:55
To: [log in to unmask]
Subject: Re: Text messaging and the Telephone Preference Service
Funny that. I spoke to them yesterday and asked that specific question and
they said it did NOT cover messaging. They were also incredibly fuzzy on the
forthcoming regulations. They actually said there is no current legislation
that applies to texting
Regards
Jonathan
Jonathan Silverman
gsa
generating growth
http://www.getsoundadvice.com/
T: 01923 661 999
M: 07779 019998
Address:
12 St Lawrence Way
Bricket Wood
St Albans
Herts AL2 3XN
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The information contained in this correspondence is not intended as legal
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Antoinette Carter
Sent: 12 November 2003 12:48
To: [log in to unmask]
Subject: Re: 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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