The British Government is to amend laws governing so-called nuisance telemarketing. Until now, the ICO has only been able to prosectute cold calling companies where they are able to prove that can prove subsantial distress or damage. Although the number of prosecutions has risen over recent years, the need to prove distress or damage has limited the number of sucessful prosecutions.
Under the new rules which comes into force in April 2015, the ICO will no longer have to prove substantial damage or distress which will make it easier for them to take action.
Whilst the new rules are welcome news for the vast number of people who object to cold calling, they may fail to address the major problem of low-quality offshore call centres. At present, UK companies outsource directly or through third party companies to call centres in locations such as India, The Philippines and South Africa. By doing this, they believe that they can avoid the rules governing such things as silent calls and adherence to The Telephone Preference Service. The laws need to be changed to make it easier to prosecute British companies who have failed to ensure that their suppliers are compliant with the rules.