Why we are here and here
EU directive 1990’s
- transposition into UK law
Opt – Out prize won for UK
–self regulatory TPS and MPS
– PECR - regulatory TPS from 1999
How has the prize been valued?
Reputational damage from irresponsible
• Flouted regulations
• Ignored DMA telemarketing code
• Irresponsible use of dialers
– Silent calls
Resulting in massive:
increase in nuisance calls
increase in TPS registrations
increase in complaints
Intense media interest –Which? – MP’s
Select Committee on Nuisance Calls.
What has TPS done to help
Lobbied OFCOM, ICO, Gov. to robustly apply
– Key message from TPS conference delegates
Worked with Telcos’
Through DMA - lobbied OFCOM re: silent calls issues
- Silent calls regulations
The way forward…
Differentiate responsible telemarketers from
Protect the industry from potential draconian
– EC Directive
– Gov. encourages self-regulation
Protect the livelihoods of the 1000’s of people in
Introduction to TPS Assured
John Mitchison, Head of Preference Services,
What is it?
TPS Assured is an accreditation scheme for companies that
make live outbound sales and marketing calls.
Who is it for?
TPS Assured is designed for companies that instigate the
making of sales and marketing calls.
Why do it?
Confidence in your companies compliance.
Differentiate you business with the TPS Assured logo
Protect your reputation
The Audit Process
Submit Application Form
Handbook, Application Form are available on the website
Quotation, Non disclosure agreement, File specification,
Audit guidance document.
The Audit Process
Data from the dialer is reviewed prior to site visit.
On Site Audit
The audit will take place at the location where the calls are
The Audit Process
Certificate and Logo
Annual review and renewal
TPS Assured – Case study
Martin Trouhgton, Marketing Director,
Anglian Home Improvements
Telemarketing At Anglian
At Anglian Telemarketing comes in three forms:
1. Inbound Telemarketing
2. Outbound Reactive Telemarketing
3. Outbound Proactive Telemarketing
The Growth of TPS
Back in 2003, when the TPS file was approaching 4 million,
Outbound Proactive Telemarketing was generating just over
£90million in direct sales from 105,000 appointments – 45%
of our sales.
The Growth of TPS Approached – 2013 at 18million.
Telecan Sales vs Growth in TPS
Sale Value (£)
The Phases of Our Response
1. Head in Sand
2. Head in Clouds
3. Head in Hands
4. Hands in Pockets
How We Manage Telemarketing
We control the data distribution very tightly
We invested in a network based call barring solution – they
simply cannot call a TPS barred number
We invested in a dialler – then we invested again
We monitor and investigate any abnormality rigorously
We sought other channels principally the internet
Defending against the Risks
To Brand reputation
Of substantial financial fines
Character or Reputation?
Be more concerned with your character than your reputation,
because your character is what you really are, while your
reputation is merely what others think you are.
Known as ‘The Coach’ in America. Check out his TED Talk ‘the
difference between Winning and Succeeding’ – old school but
incredibly moving and relevant
Adhering to TPS is about ensuring your corporate character is
one to be proud of in order to protect your reputation
TPS Assured proves you take your character seriously
Why TPS Assured?
Any organisation needs to protect its reputation
Merely signing up to TPS is no longer enough
The environment shifts too quickly – the technology and
the rules or ‘best practice’ changes constantly
TPS Assured gives an organisation a serious telemarketing
I thought we had it all in hand – network blocking, fierce
repercussions for malpractice, clear corporate policy
TPS Assured has just made us better
What did we learn?
That we are good but we can be better
Remember our strapline ‘Raising The Standard’
We weren’t diligent enough on checking upstream Opt In
confirmation on bought in data – we just accepted the
Our dialler practice can be tightened
Best practice needs challenging – using a dialler on a
Sunday? No more than 3 calls a day from a Dialler?
We were too insular and possibly Smug
TPS Assured has got our head out of the sand
Our reputation is paramount to tomorrows business
TPS Assured is essential to Anglian succeeding in the future
One final thought
Should TPS Assured be compulsory for anyone using a
dialler or who has repeated complaints from customer?
Should it be the first step before a fine?
ICO Enforcement Strategy
Steve Eckersley, Head of Enforcement, ICO
Head of Enforcement.
Responsibilities of the ICO
Regulation and enforcement of the Data Protection Act 1998,
the Freedom of Information Act 2000, the Privacy and
Electronic Communications Regulations 2003 (PECR):
• Live Calls
• Automated Calls
• SMS messages.
Unsolicited calls – the threat and scale
The overall threat level of non-compliant marketing activities
• Compelling evidence of growing volumes of unsolicited live
and automated telephone calls and SMS texts to UK
• Increasing volume of complaints to the regulators, the TPS
and consumer champions.
• Increasing volume of complaints to Mobile Network
Operators (MNOs) via the 7726 reporting tool.
Impact on UK and global consumers.
• National and International problem
• Sliding scale of the harm caused:
90% consider the calls to be inconvenient, annoying, a
cause for concern, a cause of anxiety or a disruptive
Vulnerable groups – Distress and harm for people with a
terminal illness or a disability.
The ICO PECR Enforcement Strategy
‘To ensure that the ICO is fully focussed on the PECR
threats and concerns, its investigations and coordination of a
wider range of activities aimed at reducing the threat, reducing
the number of complaints from consumers, protecting privacy
rights of consumers and improving compliance through robust,
effective and efficient regulation’.
PECR Enforcement and Engagement
ICO enforcement activity split into three tiers of priority and
Tier 1 – Full investigations leading to disruption and/or
Tier 2 – Monitoring and Compliance meetings.
Tier 3 – Engagement, Prevention and Education.
Engagement, Prevention and
• Threat based and intelligence led approach.
• Targeted and coordinated activity with other regulators.
• Targeted engagement with Industry and Trade
• Stronger and effective self-regulation.
• TPS Assured Service.
What are the ICO doing?
• The ICO has issued 6 Civil Monetary Penalties totalling over
£800,000 for breaches of PECR.
• 2 Notices of Intent issued in October.
• 1 criminal s17 DPA conviction against the Director of First
Financial – 8 October.
• 2 pending s17 DPA prosecutions
• 41 Third party Information Notices issued to CSP’s in
Other current ICO activity.
• Issued new guidance on consent.
• Submitted business case to the DCMS re change in
• Leading on Op Linden – the data cycle intervention activity.
• Access to the 7726 data.
• Joint regulatory coordination at UK Level
• Joint regulatory coordination at International level.