MRS Publishes Auto-Dialling Code

The UK's MRS has published a Code of Practice covering Automated Dialling Equipment, the source of much recent controversy due to the 'silent calls' made to consumers as a result of its use.

From August 1st, the Code requires members to ensure dialling equipment connects all answered calls to a live operator within 2 seconds of answer. It also states that where a UK number has received a silent call, any further calls to that number in any given project should be handled by a live operator - meaning that no number will receive two silent calls as a result of the same project.

The Code aims to help members in applying Sections 128 to 131 of the Communications Act 2003 which gave Ofcom powers to take action against persistent misuse of electronic communications networks or services causing annoyance, inconvenience or anxiety. The BMRA and Ofcom have been consulted in drawing up the Code, as has the Direct Marketing Association's Code for Automated Dialling Equipment.

Ofcom gives six examples of misuse: misuse of automatic calling equipment; misuse by making silent or short duration calls; number-scanning; misuse of a calling line identification facility; misuse for dishonest gain; and misuse of allocated telephone numbers. The MRS guidelines note that there are other pieces of legislation of relevance, notably the Privacy and Electronic Communications (EC Directive) Regulations 2003 which makes it an offence to use automated calling systems to make unsolicited direct marketing calls which do not consist of live speech (that one's not working then).

Among the other key points of the new code:

• Members must ensure their dialling equipment is adjusted to ensure a minimum ring time of 15 seconds for all UK calls before the call is abandoned as unanswered.
• The dialling equipment must at all times be adjusted to ensure that the rate of calls abandoned is no more than 4% of live UK calls per day per organisation . Statistics which record this must be created daily across all call centres operating for a research organisation. Monitoring must be sufficient to identify any single call centre or dialling equipment which consistently generates more than 4% of abandoned calls in the UK.
• various records and statistics must be kept to demonstrate compliance with the Code and written procedures regarding policy must be drawn up
• diallers which could generate silent calls (in the UK only) should allow caller line identification (CLI) and ringing back the number should lead to an announcement or live operator giving specific details and reassurances laid down by the Code.

Full details are available from the MRS site - download www.mrs.org.uk/standards/fieldwork.htm#dialling

All articles 2006-23 written and edited by Mel Crowther and/or Nick Thomas, 2024- by Nick Thomas, unless otherwise stated.

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