Advice, regarding telesales work legality "TPS"

JCSlacker

JCSlacker

JCSlacker

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All my google searchs, just show liability insurance.

Basic I recently started in telesales, a jobs a job.
It's technically self-employed, and we have to cold call, from a random paper list.

TPS is the uk governments "dont call list" - telephone preference service.

If the numbers on the list, I made to call are on the TPS, would it be me as a contrator for the business, or the business liable for the fines upto £5k?

PS. A job is a job,
 
Jokester said:
It might be you as the contractor that is liable.

Edit: I'm pretty sure it'll be the case.
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Thankyou so much Jokester :D

Thanks, on that note, I'm quitting. I'll tell my colleagues who are new as well.

I found it strange how the people who were working there long time were calling ex-customers. :(

two more things, is there anywhere I could report this? ofcom?

Do employers like people who call up asking for employment when theres nothing advertised?
 
Jokester said:
It might be you as the contractor that is liable.

Edit: I'm pretty sure it'll be the case.
Click to expand...

Surely not? He's acting as an agent of sorts? He's been given a list of numbers to call by the company who has contracted him surely they'd be liable as he's acting on their behalf?
 
dowie said:
Surely not? He's acting as an agent of sorts? He's been given a list of numbers to call by the company who has contracted him surely they'd be liable as he's acting on their behalf?
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He's not an employee, if he's acting as a third party, either as sole trader or as a limited company contractor then the buck stops with him, as it will be his responsibility to act in a legal manner.

Edit: When you say self-employed I take it you mean as a sole trader with your own insurance?
 
Jokester said:
He's not an employee, if he's acting as a third party, either as sole trader or as a limited company contractor then the buck stops with him, as it will be his responsibility to act in a legal manner.
Click to expand...

This is what I suspected. I wonder how many people take these jobs? Maybe it's just the place I'm working at thats doing this.
 
Is there an easy way to check it, like input a list of numbers in to tps website and it tells you which ones are banned, or something similar?
 
Glaucus said:
Is there an easy way to check it, like input a list of numbers in to tps website and it tells you which ones are banned, or something similar?
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I couldn't find my employer on http://corporate.tpsonline.org.uk/tpsC/html/Subscribers.asp

This is the website for businesses to check the numbers. They have to pay for access or seemingly use something called a list cleaner, a third party business thatll check it against tps for you.

Maybe my employer is using an ineffective list cleaner, or maybe they're trying to avoid the cost.
 
On a further note of reading the TPS website, it's also illegal to call people who have said they don't want those calls from the company - without being on TPS

"it is unlawful for someone in business (including charities or other voluntary organisations) to make such a call to any Individual if that Individual has either told that business or organisation that he/she does not want to receive such calls or has registered with the Telephone Preference Service"

http://corporate.tpsonline.org.uk/tpsC/html/Legal.asp
In a matter of days I've spoken to many who have said they've just spoken to my colleague or have done so in the last few days. Some of these, knew the full business name.

EDIT: Nevermind, I'm thinking irrationally. It's not the business calling it's different "self employed entities" people so probably legal for ringing people who say no. Still illegal for ringing TPS registered numbers though.
 
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Jokester said:
He's not an employee, if he's acting as a third party, either as sole trader or as a limited company contractor then the buck stops with him, as it will be his responsibility to act in a legal manner.

Edit: When you say self-employed I take it you mean as a sole trader with your own insurance?
Click to expand...

I know he's not an employee but he's not sourced these leads himself - he's been contracted to call them. This company that's contracted him is providing the leads to call (and presumably the phone lines, office to call them from). He's also going to be telling the people he's calling that he is calling on behalf of this company not whatever umbrella co or agency he's working under. I don't quite see how he is potentially liable in that scenario?

If he was then this is a very silly loop hole - any telemarketing company would then just need to hire agency workers/contractors and completely ignore the relevant legislation as the individual contractors will be taking the flack.

Its not like he's gone out and generated the leads personally then called them, in which case he probably is liable. Or if he's added extra leads to the ones he was given. He's acting in good faith on behalf of a company that's given him a list of numbers and contracted him to call them.
 
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dowie said:
I know he's not an employee but he's not sourced these leads himself - he's been contracted to call them. This company that's contracted him is providing the leads to call (and presumably the phone lines, office to call them from). He's also going to be telling the people he's calling that he is calling on behalf of this company not whatever umbrella co or agency he's working under. I don't quite see how he is potentially liable in that scenario?

Its not like he's gone out and generated the leads personally then called them, in which case he probably is liable. Or if he's added extra leads to the ones he was given.
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If company A asks company B to do something illegal and company B does it, company B is the one breaking the law.

dowie said:
If he was then this is a very silly loop hole - any telemarketing company would then just need to hire agency workers/contractors and completely ignore the relevant legislation as the individual contractors will be taking the flack.
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I wouldn't be surprised if this is one of the reasons why they don't have staff.
 
8 Data Source
If anyone who asks how we got their details to call them….the prospects will have either
selected the ‘opt in’ option, or not selected the ‘opt out’ option when they made a purchase
on the high street or retail web site.
This allows calling regardless of Telephone Preference Service (TPS) registration. If
anyone needs to complain please give them the number **********. Otherwise just
click on the “Do Not Call” button which removes them from the database.
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This is from a recent 'telesales from home' thing that I did.

Tbh, you can tell the type of company it was as they refer to the poor sods you're calling as 'prospects'. *shudders*

For the record I was employed as a contractor, therefore responsible for my own tax & NI etc I don't know what this means regarding liability for calling a TPS registered number, but I understand it happens a lot with these sort of telesales companies... even to the point that call agents call the same number a week later as it has not been removed from the telesales database.
 
Jokester said:
If company A asks company B to do something illegal and company B does it, company B is the one breaking the law.
Click to expand...

So if I go round to a rich guys house when he's on holiday, (gain access as per a squatter with no obvious forced entry) contract some removal men/man with a van to remove some of the contents/valuables then they'd be breaking the law? Even though they're acting in good faith and had no intention to do anything illegal?

Or perhpas I contract a locksmith to break into someone's house - maybe using a utility bill I found in their bin as proof of identity?
 
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jumpy said:
This is from a recent 'telesales from home' thing that I did.

Tbh, you can tell the type of company it was as they refer to the poor sods you're calling as 'prospects'. *shudders*

For the record I was employed as a contractor, therefore responsible for my own tax & NI etc I don't know what this means regarding liability for calling a TPS registered number, but I understand it happens a lot with these sort of telesales companies... even to the point that call agents call the same number a week later as it has not been removed from the telesales database.
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:( I realise I was stupid to apply for a job excessively vague requested immediate staff.

I've just read self employed people cant get on the dole. Still looking into that though, as it's been less than a week.

Maybe I could use cold calling, to stop cold calling. :p
 
dowie said:
So if I go round to a rich guys house when he's on holiday, (gain access as per a squatter with no obvious forced entry) contract some removal men/man with a van to remove some of the contents/valuables then they'd be breaking the law? Even though they're acting in good faith and had no intention to do anything illegal?

Or perhpas I contract a locksmith to break into someone's house - maybe using a utility bill I found in their bin as proof of identity?
Click to expand...
It's not the same thing, this is on going contracts between companies.

Either he's a 2nd company/sole trader with his own responsibilities in this case or he's a disguised employee of the first company with the issues that brings.
 
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