When to complain to us
Telesales calls
We may be able to help if:
1. you have received a marketing call;
2. you can identify the caller;
3. the caller is based in the UK; and
4. you have
-
registered with the TPS or CTPS; or
-
a record showing you had previously informed the caller that
you did not wish to receive its marketing calls.
If you cannot identify the caller, we will be unable to pursue the matter.
For more information about the TPS and CTPS, please see the Telephone Preference Service website (http://www.tpsonline.org.uk/).
Automated calls
We may be able to help if:
1. you have received a pre-recorded marketing message;
2. you can identify the caller;
3. the caller is based in the UK; and
4. you have not previously consented to the call.
If you cannot identify the caller, we will be unable to pursue the matter.
If the automated call invites you to call a premium-rate number (one starting with 090)
ask PhonepayPlus, the premium-rate regulator, for advice. For more information, please see its
website (http://www.phonepayplus.org.uk/)
Faxes
We may be able to help if:
1. you have been sent a fax consisting of marketing or promotional material;
2. you can identify the sender; and
3. you have:
-
received a fax that you did not ask for and you have a record
of your objection;
or
-
received a fax
through a fax number that is registered with the FPS.
For more information about the FPS, please see the Telephone Preference Service
website (www.tpsonline.org.uk/fps).
Electronic mail
We may be able to help if:
1.
you have received an electronic mail marketing message which you did not
ask for
or
which does not otherwise comply with the following criteria:
-
The marketer has not obtained your details through a sale or negotiations for a sale
-
The message was not about similar products or services offered by the sender.
-
You were not given any opportunity to refuse the marketing when your details were collected and you were not given a simple way to opt out in every future communication.
2. the sender is based in the UK; and
3. you can identify the sender.
We are however unable to deal with electronic mail marketing messages sent to business.
How do I complain to you?
To complain about a possible breach of the regulations, please read all of the above and our basic guide to the Privacy and Electronic Communications Regulations to see if it’s something we can help with.
If you think we can help, you should complete our PECR complaints form, which you can download now.
Privacy and Electronic Communications complaints form (word version for electronic submission)
If all evidence in support of your complaint is available electronically, please complete this document and save it to your computer before submitting it as an attachment, along with any evidence, to our
online enquiry form
.
Privacy and Electronic Communications complaints form (PDF)
Alternatively you can request a copy of the form via our helpline on 08456 306060 or order our Privacy and Electronic Communications Regulation – When and how to complain leaflet via publications request section.
If you are not sure whether it is appropriate to refer your marketing-related complaint to us, you can call our helpline for further advice or read part 1 of our Privacy and Electronic Communications Regulations guidance note.
What information do you need?
We will only be able to investigate complaints about faxes or emails if you give us
copies of the message you received.
You should not forward all your spam to us
but you can send copies of emails with the complaints form.
Where applicable, you should also send copies of relevant correspondence between
you and any other organisation (eg industry regulator or ombudsman) showing your
attempts to rectify the problem.
Please send only documents that are directly relevant to your complaint.
How will you deal with my complaint?
We will examine your complaint to decide how we should handle it. When we first
write back to you we will give you a reference number that you should use
whenever you contact us about the problem. If we need more information from you,
we will write and let you know.
If we decide to investigate your complaint, we will usually contact the organisation
concerned. This may solve the problem, and if so we will let you know what has
happened. We aim to deal with all complaints within a reasonable time, but will let
you know if there is going to be a long delay.
If we think that we cannot take your complaint further, we will let you know. You can view our latest response times here.
What will happen to my supporting documents?
We’ll scan your documents and keep them electronically. In most cases, we’ll destroy the paper documents you send us after six months, so only send us copies not the original documents. If we need these later on, we’ll let you know.
If you cannot give us copies, you should make sure you ask us to return your original documents. You can do this in section 15 of the complaint form. You must make it clear each time you send us something if you would like us to return it to you.
If my complaint is upheld, will the organisation be punished?
If we think the organisation has breached the regulations, we can ask them to put things right,
but we cannot punish them for breaking the law.
Our priority is to get the organisation to change the way it works so that it complies with
the regulations in future.
Organisations will usually agree to put things right, but if they do not, and the case is a
serious one, we can order them to do so.
If my complaint is upheld, will I be entitled to compensation?
We have no powers to award compensation
. If you have suffered a loss because
an organisation or individual has broken the law, you may be entitled to compensation, but you must claim this through the courts.
The right to compensation applies even if you don’t report the problem to us.
You can make a claim to the court whether or not we have agreed that the law has been broken.
For more information, please see our guidance note ‘Claiming compensation’,
or by calling our helpline on 08456 306060 or 01625 545745.
What happens when an organisation will not
rectify the problem voluntarily?
Most organisations agree to put problems right when we bring them to their
attention. If they do not, we may consider taking formal legal action, such as issuing an enforcement notice ordering them to do so. An enforcement notice is a legally binding document that sets out what an organisation must do (or stop doing) to comply with the law. We will take into account various factors when deciding whether to issue a notice. These include:
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the seriousness of the problem;
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any damage or distress that you or anyone else has suffered; and
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the cost to the organisation of putting things right.
What if I disagree with the outcome of my complaint?
If you are dissatisfied with the outcome of your complaint, you should let us know as soon as possible and certainly within six months of our final letter to you. For more information, please call our helpline on 08456 306060.