This document sets out Ofcom’s new policy towards silent and abandoned calls. It will be of greatest relevance to organisations using predictive diallers in call centres.
Under sections 128-130 of the Communications Act 2003 (the “Act”), Ofcom is empowered to take enforcement action when it has reasonable grounds for believing that a person (either an individual or a legal entity) has persistently misused an electronic communications network or electronic communications service. A person misuses a network or service if the effect or likely effect of their behaviour is to cause unnecessary annoyance, inconvenience or anxiety to another person.
Under section 131 of the Act Ofcom is required to publish a statement of its general policy with regard to the exercise of its powers under sections 128-130. Section 131(2) of the Act enables Ofcom to revise the statement, from time to time, as it sees fit. On 31 October 2005 Ofcom launched a consultation on significant changes it proposed to make to the statement. Although the Act does not impose a statutory obligation on Ofcom to consult on revisions to the statement, we took the view that it was appropriate to bring the proposed amendments to the attention of Ofcom’s stakeholders and to invite their views.
Ofcom has concluded that persistent misuse may also take the form of fax distribution to phone lines. The statement identifies the steps that fax broadcasters can take to reduce the level of annoyance caused when a fax call is made to a phone line. They are set out in paragraph 6.18 of the statement.
Ofcom firmly believes that the recommendations contained in this statement, and our approach to enforcement, will have a real impact on the nuisance caused by abandoned calls. We intend to review their effect after twelve months in order to determine whether further changes to the statement are required.
