The
OFT
is also concerned about false claims that
businesses have already agreed to buy advertising space and demands
for payment when no such agreements have taken place.
"Small businesses are particularly vulnerable to these types of
unfair business practice," said Sir John Vickers,
OFT
Chairman. "We advise all businesses to be wary: don't be pressured
or tricked into agreeing to advertising you don't want or into
paying for something you haven't requested."
The
OFT
is considering a number of complaints about
misleading claims and, empowered by the Control of Misleading
Advertisements Regulations 1988, will take enforcement action
against those who make them where appropriate.
The
OFT
offered the following tips for avoiding
cold call scams:
- don't take unsolicited calls when you are busy and can't give
the salesman your full attention - if you want to talk, ask them to
call back at a convenient time;
- don't agree to something on the phone just to get rid of a
persistent caller – legally binding agreements can be made over the
phone;
- be wary of unsolicited callers suggesting or implying that you
are placing an order or entering an agreement when you don't wish
to do so;
- be wary of follow-up calls – you may think they're just
verifying details, but they may be trying to trick you into
entering into an agreement;
- if you're not clear about any details, don't be rushed – ask
questions; and
- don't be pressurised into paying for services you haven't
agreed to, that haven't been provided or that don't match those
agreed to: if you are threatened with debt collectors or a credit
black-listing, remember that ultimately only a court can decide
whether you are liable to pay and disputes with another business
will not necessarily affect your credit rating.
Businesses should also remember that they have the same right as
individuals to block cold calling by marketing firms. They can do
this simply 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.
