Reply to post: Re: TPS exceptions

UK.gov pushes for SWIFT ACTION against nuisance calls, threatens £500k fines

Alan Brown Silver badge

Re: TPS exceptions

"What most people don't seem to realise is that the TPS works fine. When it doesn't it is either a criminal call, or you have given your number to a firm and failed to tick the box for "do not pass my details to your carefully selected partners" and "do not call me with your latest special offers". "

According to the ICO, that "don't pass me to 3rd parties" had better bloody well be preticked since 2011 or they'll slap the miscreants with a wet bus ticket.

Yes, breaching TPS is a criminal call. The only outfit which can take criminal prosecution on this is the ICO and they choose not to. There is NO right of private action codified under british law, which means that Sapient Fridge's links are nice but should a company contest the small claims action they're highly likely to win - or should they lose only have to pay your filing fees (there's no codified statutory damages and they can easily argue that the call itself was worth a few pence.).

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