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Man charges nuisance callers for his time

31 Oct 2012 3:54 GMT Back
Man charges nuisance callers for his time
Phone headset on keyboard

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A UK consumer turned the tables on a company that persisted in making unwanted calls by invoicing them for his time.

Richard Herman charged AAC £10 a minute and sent an invoice for £195, which the company went on to pay after Herman applied to the small claims court. 

Mr Herman was registered on the Telephone Preference Service (TPS) but in this case AAC appears not to have checked to see if he was on the TPS list. 

Head of Preference Services, John Mitchison said: “If Mr Herman had given consent to a named company then this would override TPS, but it would have to be specific consent for that company alone. General third-party consent doesn’t override TPS.”

Companies are required by law to screen third-party opt-ins against the TPS – the same rule applies when they buy in data lists.

Mitchison has called on the ICO to take more action against offending companies. “They don’t have to be the massive fines of £500,000. Even small fines, if they were handed out more regularly, would be a deterrent to this kind of company.”

Simon Entwisle, director of operation at the ICO said: “People that make these calls are a nuisance and it’s really interesting to see a member of the public making a nuisance of themselves to the callers.”

When cold calling prospects, companies should comply with the Direct Marketing Association code of conduct. For example, DMA members must display their phone number and it should be available if the person dials 1471.

Posted by

Smarayda Christoforou

Click here to find out more about the Telephone Preference Service.

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