Is Cold Calling Illegal In The UK (Legal Consequences You May Face)

London (Parliament Politics Magazine) – Cold calling is an act of making calls or uninvited visits to someone’s home to sell goods. It is not considered illegal and you may not require a license either. However, UK law states that traders who someone without asking their permission may have to face consequences. Any person can express their request to not receive such visits at their doorstep. If you want to take part in a cold-calling sticker scheme it is very much possible.

What Is Cold Calling? Is It Illegal?

A cold call is a telephone call, a visit, or any other form of communication. It happens to be a part of a business who are seeking to attract new targeted customers. Cold calling may not be considered illegal but you need to keep some things in mind. According to the Privacy and Electronic Communications (EC Directive) Regulations 2003 there is a restriction on making cold calls. Even if you use unsolicited texts, emails, and faxes it may not be legal.

The 2003 Regulations usually require a company to get the permission of people before using these marketing communications. There is no doubt different rules apply to various types of communication. These rules are maybe strict for the marketing techniques that are used on customers. If you are marketing to individuals as compared to the laws for marketing to companies. You can focus on direct marketing by following the rules that are aimed at individuals only.

 When Is Cold Calling Illegal?

Do you want to know when cold calling is illegal? Here is something you need to find out:

1. Use of Automated Calling Systems

An automated calling system is a process where the sequence of calls is automatic. It can move from one destination to the other and transmits sounds. You need to know that it is not a live speech but targets various customers. The 2003 Regulation prohibits the use of automated communication. If you mean to make it obvious for direct marketing purposes then there is trouble. However, if any of your subscribers allow you to send messages with this mode of communication there is no problem.

 For example, if a company is ready to accept your automated calls it is not illegal. However, if the user is allowing you to give them automated calls, they have to provide some details. Whether it is their name, home address, or phone number, they will submit it all. You need to display your phone number clearly to receive such calls.

2. Use of Fax Machines

The 2003 Regulations Act prohibits a company from sending unsolicited faxes to common people. It includes sole traders as without their permission you cannot send them these faxes. However, if a company or individual wants to receive faxes then there may be no problem. 

You have the option to send faxes to a company who have not registered its fax numbers. They must register with the Fax Preference Service. Moreover, the sender of the fax must display their name and contact number too. If the company is not yet registered with a proper fax number, you cannot choose to send any faxes to them.

3. Use of Unsolicited Calls

It may not be illegal for a company to make a ‘live’ cold call in many cases. If these calls are restricted for general marketing purposes there won’t be any problem. The 2003 Regulations ask you to follow certain rules before making any move. In some cases, you are prohibited to make use of live cold calls. Here are some of them:

  • The individual makes it clear that they don’t intend to receive cold calls
  • Several recipients are listed in the Telephone Preference Service or Corporate Telephone preference register

Keep in mind that the company cannot attempt to make unsolicited calls when the phone number is listed in the Telephone Preference Service register. If you want to make cold calling legal, the caller requires to provide their name and address.

Read More: Is Catfishing Illegal? Uncovering the Legalities of Catfishing

4. Use of Unsolicited Emails

You are not allowed to send unsolicited emails to individuals who are not ready to have them. You need to understand that all these rules also apply to digital marketing. Whether you send texts, emails, pictures, or videos without your customer’s consent, you will face the consequences. If a customer has purchased your product or service, it doesn’t mean you can send them unsolicited emails. If they choose to subscribe to your services it is better.

Beth Malcolm

Beth Malcolm is Scottish based Journalist at Heriot-Watt University studying French and British Sign Language. She is originally from the north west of England but is living in Edinburgh to complete her studies.