Cold Calling/Emailing Illegal In UK?????

12 replies
After some research this morning i have found some startling results with regards to cold calling and cold emailing prospective clients here in the UK

In the UK it is illegal to cold call an individual or business if they have subscribed to the TPS(telephone preference service)or the CPS(corporate preference service) if your trying to drum up some business for yourself.

This presents a problem as how do you know who has signed up and who has not. Well the only way to know for sure is to pay a service that has a list of this people. Incidentally If reported and prosecuted you can be fined up to £5000 per unsolicited call.

The same goes for cold emailing. ""Unsolicited marketing material by electronic mail (this includes email, text and picture messaging) should only be sent if the individual has consented to receive them, unless the individual's details were obtained in the context of a commercial relationship and the marketing is for similar products or services"

You can send to Ltd companies, PLCs, LLPs, etc but the law prohibits you sending speculative emails to sole traders and parnerships. The reason for this is in the eyes of the law, sole traders and partnerships are not businesses, they are classed as individuals. Which rules out a lot of one man bands such as plumbers, locksmiths etc.

So that leaves cold walk ins and direct mail.

Any one in the UK have any input on this. I was going to start both cold calling and emailing but now am not so sure.

Cheers
#calling or emailing #cold #illegal
  • Profile picture of the author JamesCx
    Haven't done either; however, I was looking into emailing - but now this has got me pretty concerned. I can obtain the emails of my target audience but, if what you said is true, it will be illegal to contact them.

    How is a 'commercial relationship' defined? One company stating that details will be share with 3rd parties? Definitely going to look into this a bit further.
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    • Profile picture of the author jimbo13
      You won't be fined £5000

      A complainant, if there is one, will simply refer you to TPS and they will write you a letter.

      Only if you persist will they start to take action.

      If you are that worried then simply get a data cleansed list. They are updated every 28 days to take account of new registrants.

      eg thomsonlocal.com scroll down to bottom and see Direct Marketing options.

      There are many other companies.

      Dan
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      • Profile picture of the author zimbizee
        Originally Posted by jimbo13 View Post


        eg thomsonlocal.com scroll down to bottom and see Direct Marketing options.

        There are many other companies.

        Dan
        That's a handy piece of info, thanks
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      • Profile picture of the author JamesCx
        Originally Posted by jimbo13 View Post

        You won't be fined £5000

        A complainant, if there is one, will simply refer you to TPS and they will write you a letter.

        Only if you persist will they start to take action.

        If you are that worried then simply get a data cleansed list. They are updated every 28 days to take account of new registrants.

        eg thomsonlocal.com scroll down to bottom and see Direct Marketing options.

        There are many other companies.

        Dan
        Helpful info. Much appreciated!
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  • Profile picture of the author StevieJK
    P.S. I wonder how many businesses are actually signed up to TPS or CPS here in the UK? I would suspect it is a minority anyway..?
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  • Profile picture of the author sniper2009
    me too
    P.S. I wonder how many businesses are actually signed up to TPS or CPS here in the UK? I would suspect it is a minority anyway..?
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  • Profile picture of the author StevieJK
    I think it's ok, TPS is only for individual households anyway and is nothing to do with business - so unless you are cold calling people in their homes, TPS is irrelevent.

    Businesses use the CTPS, so this is the one we are really interested in - I found a figure quote from a website:

    "I’ve been studying a load of material on my course this week run by the Institute of Digital and Direct Marketing, and one thing that cropped up in a chapter of the main text book was that 12 million phone numbers had been registered with the Telephone Preference Service, at the time this accounted for 75% of UK households. On top of this 573 thousand businesses have registered with the Corporate TPS service."

    So as of 2011, 573 thousand businesses in the UK use CTPS - given that as of 2010 there were around 5,000,000 business in the UK, this would mean that only around 12% are registered for CTPS.

    These figures may or may not be accurate, but I guess they are in the right ballpark
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  • Profile picture of the author StevieJK
    Also, you can probably use this free service:

    UK Business Mailing Lists - Electric Marketing

    Which allows you to check if a business phone number you are dialling is registered with CTPS or not. It's free and apparently updated daily, so should be fairly up to date.

    Job done
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  • Profile picture of the author winsoar
    The law does not apply to sole traders. Regarding email it only applies to consumers.
    Signature

    Visit my official blog: James Winsoar and learn how to generate 30+ new FREE leads a day on auto-pilot!

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  • Profile picture of the author zimbizee
    According to the Microsoft Dynamics CRM Database Cleanse

    Over 14.7 million individuals are currently registered with the Telephone Preference Service

    Over 1.1 million businesses are currently registered with the Corporate TPS
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    • Profile picture of the author StevieJK
      Originally Posted by zimbizee View Post

      Over 1.1 million businesses are currently registered with the Corporate TPS
      Even if that were true (which it might be, who knows), that still leaves 75% of all businesses not registered with CTPS. No probs
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  • Profile picture of the author StevieJK
    And here is a free TPS checker to use in case business owner works from home

    TPS Check Online - Fast checking against TPS and CTPS Registers
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