OPTA reveals its approach to telemarketing

The Commission of OPTA, the Independent Post and Telecommunications Authority, will enforce the rules governing telemarketing more strictly. Telemarketing refers to the use of the telephone by businesses, charities or other organisations to approach individuals to sell or ask them for something, for example, a donation or membership. Many of these calls do not comply with the relevant legal requirements or do not do so entirely. For this reason OPTA will be acting to ensure that the calling organisation actively presents the opportunity to decline any further calls in the course of each telephone call.

As Commission Chairman, Chris Fonteijn, explains: In spite of various initiatives taken by the telemarketing sector, a number of parties are still failing to comply properly with the telecommunications legislation. Consumers are highly annoyed by these types of calls. What we are seeking to do is to improve telemarketing by combating the excesses. In this respect we are also relying on the cooperation of the various industrial associations.

As part of its approach OPTA is focusing on the most pressing offences. In the first instance, this refers to ‘cold calls’, which involves unsolicited approaches to consumers without any advance notice. These calls produce the greatest amount of annoyance. OPTA has the power to impose fines not exceeding €450,000.00. As early as this summer, OPTA will announce the procedure for filing complaints.

An opt-out regime applies in the case of telemarketing, which is a form of direct marketing. This is to say that, although organisations may make unsolicited calls to consumers, during a call the person called must always be given the opportunity not to be called by the relevant organisation any longer. The calling organisation is required to register and respect this unconditionally, in full and without the person called incurring any expense. The industry has taken steps of its own accord in this direction, such as the establishment of an unsubscribe website – www.infofilter.nl – but they are not satisfactory in all instances.

In the weeks ahead OPTA will have further consultation with the sector to bring its enforcement duties more in line with self-regulation. The aim is to help each other, so that consumers experience less inconvenience and telemarketing activities can be pursued in the appropriate manner.