The Telephone Preference Service (TPS) is a UK opt-out telephone list that is intended to prevent telemarketing calls to those who do not wish to receive them. The administration of the list is performed on behalf of Ofcom by the British direct marketing industry, in a similar way to the Mailing Preference Service. In November 2005, the BBC reported that there were 10.5 million numbers registered. As at the 28 December 14.8 million numbers are registered.
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History
Residential users have been able to register on the list since May 1999 under the Telecommunications (Data Protection and Privacy) Regulations 1999. The list has statutory force under the Privacy and Electronic Communications (EC Directive) Regulations 2003. From 25 June 2004 corporate subscribers were also allowed to register on the list under Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2004
Exemptions
The TPS only applies to cold calling: companies can still contact their own customers regardless of TPS to offer new products and services so long as the customer has not opted out from this with the individual company. Genuine market research is also allowed and calls from overseas made by overseas companies on their own account cannot be controlled by registering with thte TPS. Individuals and businesses may Opt-Out on a case be case basis by objecting to these types of organisations directly.
Enforcement
Once a number is registered it may take up to twenty-eight days to become fully effective. After this time, it is unlawful for telemarketers to call a number on the list. The TPS have no enforcement power, so all complaints are passed on to the Information Commissioner's Office (UK). The maximum penalty is currently £5,000, however there have been no prosecuions undertaken as the legislation does not allow for prosecution.
