Silent calls are caused by the computerised dialling equipment
that is common in telesales. The equipment often dials more numbers
than there are call centre operators available – in the expectation
that some of the people being called will not be home. This can
leave recipients without an operator on the end of the line,
resulting in a "silent call", which is annoying at best, but
sometimes distressing.
Ofcom appears to tolerate silent calls in moderation; but if
they occur too frequently, the practice is deemed by the regulator
to be a "persistent misuse of an electronic communications network
or electronic communications services in a way that causes
annoyance, inconvenience or anxiety."
And this is a breach of the Communications Act 2003. Ofcom is
empowered to require that any offender remedy such a breach, or
face a financial penalty.
Ofcom began investigating Kitchens Direct and its owner MKD
Holdings in January 2004, concluding in the summer that the company
was making silent calls at an excessive level.
It ordered MKD Holdings to reduce the level of silent calls to a
daily drop rate (proportion of silent calls to live calls) of 5%
for each outgoing number used by the firm for telemarketing. It
also ordered the company to produce reports on its performance.
The regulator was not happy with the results of those reports
and began another investigation in December 2004. As a result of
this the regulator has given a final warning to MKD Holdings –
officially known as a Section 128 Notification.
The company now has to reduce the level of silent calls to a
drop rate of 5% for each outgoing number used by 31st May or face a
fine of £5,000.
Consumers and businesses can reduce the volume of cold calls
they receive by registering with the Telephone Preference Service
(
TPS
). Registration is free and can be done via the
link below.
Direct marketing firms have a legal obligation to check and
comply with the
TPS
before calling and failure to do
so can result in enforcement action by the Information
Commissioner.
