Silent call

A silent call is a telephone call that is generated by a predictive dialer (or dialler) which does not have an agent immediately available to handle the call. In this instance the call may be terminated by the dialler, and the called party receives a silence ("dead air") or a tone from the telephone company which indicates the call has been dropped.

In the USA, the Federal Trade Commission (FTC) uses the term abandoned call instead of silent call in its regulations applying to telemarketing.

For more information on why the technology makes silent calls, see predictive dialer.

Other reasons for silent calls

Many silent calls are a result of process known as pinging. This is very similar to an Internet Protocol (IP) ping, where the intention is to see if there is life at the destination. This is often used by data cleaning companies as a method of removing dead telephone numbers from old lists. Each number is dialled and immediately dropped if the call is connected. If the call is not dropped quick enough it may result in a short ringing signal. Many people incorrectly believe these calls are caused by predictive dialers.

Telemarketing and the UK DMA

It is believed that most, although not all, silent calls are made by telemarketing agencies.

Around 10% of dialler users in the UK are members of the Direct Marketing Association (DMA) who are an industry interest group for telemarketing in the UK. The DMA code of conduct rules that no more than 5% of the calls made per day should be silent. Many consumer groups consider this too high, and initially campaigned for this to be lowered to 3%.

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 starting investigations into 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 to one of the companies (This notification is akin to a written warning). The terms of this notification were that this company was to make no more than 5% silent calls.

On 31 October 2005 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-dialed 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 its investigation into seven companies in relation to silent call. Notificactions were issued to four, requiring no more than 3% abandoned calls. An undertaking was secured from another company for the same performance. One of the other company's actions did not constitute persistent misuse, and the final company has stopped accepting contracts to send unsolicited fax communications.

OFCOM has published a statement of policy as to what persistent misuse is, but many do not find this very helpful.

At present, OFCOM has not attempted any prosecutions for making silent calls.

The NAA message

One solution to silent calls is for marketing organisations to play a recorded message to the consumer explaining why the call was silent and why no agent was available. The industry, lead by the DMA, resisted this for a long time because it was assumed that it would be termed illegal under article 19 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PERC):

"Use of automated calling systems 19. - (1) A person shall neither transmit, nor instigate the transmission of, communications comprising recorded matter for direct marketing purposes by means of an automated calling system except in the circumstances referred to in paragraph (2)."

(Further Guidance on the PERC 2003)

However, after extensive campaigning from a consumer called David Hickson the industry reviewed its position and started to further investigate the matter.

A private consulting firm contacted the information commissioner on 13 July 2005 and got confirmation that a NAA message is acceptable, on the condition that the message itself does not contain any marketing information. On 25th July 2005, this consulting firm then released a framework to help call centres implement the NAA message, entitled Voluntary Dialling Code.

However, many believed that even if a NAA message was legal in terms of the PERC, OFCOM could still find that it was persistent misuse.

On August 17, MP John Hemming received confirmation from OFCOM that usage of the NAA message would not be termed a persistent misuse, and there is no widespread belief that OFCOM will conclude that the six companies it's currently investigating should stop making silent calls and use the information message instead.

Interestingly, OFCOM did not indicate what quantity of NAA is acceptable. It is likely that most people will work to 5%, however some dishonest companies are likely to make a high quantity of NAA calls in the same way they made a high quantity of silent calls. If this occurs, then the NAA message will become as much of a nuisance as silent calls are. The only solution to this would be for either OFCOM to issue guidance on the acceptable level (and then prosecute those who go above this level), or for the government to introduce new legislation. Either way, this is an area that is extremely difficult to police.

On August 18 the DMA pledged to update its code (many believe the updates will be identical to the points the Voluntary Dialling Code). No update has as yet been released and the Voluntary Code remains the only framework in existence.