From snipped-for-privacy@ico.gsi.gov
Hope I'm not breaking any confidences by posting this
Dear XXX,
Thank you for completing a complaint form dated YYY regarding unsolicited direct marketing calls from ZZZ.
The Privacy and Electronic Communications (EC Directive) Regulations
2003 prohibit, amongst other things, those who engage in direct marketing by phone from making unsolicited telesales calls to individuals who have registered an objection to receiving such calls. This objection can be registered either specifically by informing the company itself, or generally by registering with the Telephone Preference Service.
You have stated in your correspondence that you have registered with the TPS; therefore we have written to ZZZ to remind them of their obligations under the Regulations. We have provided ZZZ with your telephone number and instructed them to take the action they deem appropriate to ensure compliance with the Regulations in the future.
I feel I should point out that we are currently in dispute with ZZZ over this issue and have been holding meetings to discuss the matter further. The Information Commissioner's view is that an individual who is registered with the TPS should not receive marketing calls from any company regardless of their relationship with the company, however as you are aware ZZZ disagree with this. They have written a small 'opt out' box into their agreements which customers can easily overlook; however we are of the view that customers should not automatically be opted in and should in fact be given the opportunity to 'opt in' to telemarketing calls.
Although I feel this answer is probably not as satisfying as you would have hoped for I want to assure you that this is a matter we are taking very seriously and we are currently pursuing an agreement from ZZZ to comply with the Data Protection Act 1998.
Thank you for bringing this matter to our attention.
......
Contrary to their expectations that is exactly the result that I had reasonably hoped for.
Let's hope that they take this further, ZZZ are just not playing the game by the rules and deserve to be punished.
The thing that really confuses me is: If I've gone to the bother of taking action to stop them phoning me for sales calls. Why do they think that if they ignore this decision I have made that I will do anything other than tell them to get lost when they do make a sales call to me. I'm not unreasonable, I accept that people make mistakes, but this isn't what this company have done.
Tim