On 20th December 2016 Ofcom published a revised statement of policy on the exercise of its enforcement powers regarding persistent misuse of the telecommunications network. This is essentially the document that governs how individuals and companies should behave when using the telecoms networks, and for the last decade has been concerned with the operation of outbound calling systems including progressive diallers, predictive diallers, automated outbound messaging systems, interactive voice messaging (IVM) systems and other forms of automated outbound calling.
Ofcom first considered the use of automated calling systems in their revised statement published in 2006 where for the first time a set of rules were introduced governing how predictive diallers ought to be used to minimise the nuisance and anxiety caused by abandoned and, in particular silent calls. There then followed subsequent revisions to the statement in 2008 (explicitly referencing the use of Answer Machine Detection (AMD) and “silent” calls) and 2010, further detailing the use of AMD, and also introducing some strictures around the use of IVM.
Ofcom launched a consultation on 2nd December 2015, with a closing date of February 2016. They then committed to publishing a revised statement by the end of June 2016 which they failed to achieve, finally publishing the revised statement on December 20th, 2016.
This document outlines Callmedia’s advice to customers in the light of this recent statement. It is the result of consulting widely in the industry, with trade associations, with customers and with Ofcom themselves.
However, as will become clear, Ofcom’s latest statement is so unclear, that Callmedia cannot accept any liability for any actions resulting from an organisation’s use of either Callmedia’s software, or from the guidance within this document.