Silent Call - The Legal Position in The UK

The Legal Position in The UK

There is no law that declares silent calls illegal, although the Communications Act 2003 states:

"127.2 A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he- .../cut/... (c) persistently makes use of a public electronic communications network."

In 2003, OFCOM investigated two separate companies who were believed to be making silent calls. They were investigated under this section of the legislation because it was believed that they were "causing annoyance, inconvenience or needless anxiety". Unofficial warnings were issued, but OFCOM did not use powers given to it under the act until 3 May 2005, when it issued a "notification" (a official written warning) to one of the companies. The terms of the notification imposed a maximum proportion of 5% silent calls.

On 1 March 2006 OFCOM have published their revised policy requiring that

• Abandoned calls must carry a recorded message about the company calling.
• Calling line identification must be presented on all outbound calls from call centres using automated calling systems.
• Telephone calls abandoned should not be re-dialled for at least 72 hours, unless a dedicated person is available.
• Abandoned call rates must be less than 3% in any 24 hour period.
• Suitable records must be kept.

OFCOM also announced that it had completed an investigation into seven companies in relation to silent calls. Notifications were issued to four of these, imposing a new limit of 3% abandoned calls. An undertaking (without official notification) was secured from another company for the same performance. The sixth company's actions did not constitute persistent misuse. The final company has stopped accepting contracts to send unsolicited fax communications.

On 3 November 2006 Ofcom published a statement indicating that it was taking action against 4 companies.

• Carphone Warehouse plc;
• Brakenbay Kitchens Ltd;
• Space Kitchens Ltd; and
• IDT Direct Ltd (trading as Toucan).

You can see the full notification at OFCOM.org.uk.

In 2008, Barclaycard were fined the maximum penalty at the time of £50,000. A government consultation was started with a view to increasing the maximum penalty; with suggestions from £250,000 to £2,000,000.

On 1 February 2011 new legislation came into force, with a maximum penalty of £2,000,000 for companies that issue silent calls more than once a day to the same customer.