DMA Warns Government as Nuisance Calls and Texts Increase

new_logo_finalThe DMA has warned that consumer complaints over nuisance calls and text spam will continue to rise if the Government continues to delay its plans to make it easier to prosecute companies who break the law with invasive marketing.

A consultation on the issue that was suggested by the Department of Culture, Media and Sport (DCMS) in March has yet to begin, and the Parliaments upcoming summer recess could see it delayed for a further two months.

The consultation would look at making the legislative changes needed to successfully fight back against nuisance calls and spam texts, by lowering the legal threshold of proof required to fine lawbreakers. As it stands, the Information Commissioners Office (ICO) must demonstrate “significant damage or distress” caused to individuals in order to issue monetary penalties of up to £500,000 to companies using such methods.

The ICOs annual report, published earlier this week, revealed that the number of complaints from the public regarding nuisance calls and spam text increased four per cent between April 2013 and March 2014, with 161,720 complaints logged.

In June, the ICO lost an appeal against the decision to overturn a £300,000 penalty it had served against Tetrus Telecommunications in 2012 for breaching the Privacy and Electronic Communication Regulation and sending spam texts. The tribunal who overturned the penalty ruled that it was unlikely that individuals who had received the texts were significantly “disturbed” or “distressed”, demonstrating the difficulty of enforcing the law as it currently stands.

The DMA has urged for action from the DCMS, which is responsible for telemarketing and mobile marketing legislation, in the hope that the consultation can begin before the end of the month, rather than face a delay until the autumn. At the ICOs annual report launch, deputy CEO Simon Entwistle joined these calls, saying that both the ICO and the telemarketing and mobile marketing industries were “desperate” for DCMS to launch the consultation.

“The ICO is keen to clampdown on companies breaking the law, but DCMS is stalling on the action it needs to take to make it easier to fine rogue operators responsible for spam text and nuisance calls,” said Mike Lordan, the DMAs director of external affairs. “As the law currently stands, these wrongdoers are simply able to get away with breaking the rules with impunity.

“This means that without deterrence complaints from consumers will continue to rise, and the legitimate telemarketing and mobile marketing industries will continue to suffer.”