Marketing calls – text manual
1. How to recognise a marketing call that contravenes the Electronic Communications Act
The following points can give you a hint:
- You have not actively given a consent with marketing calls in public directory (will be explained below)
- But you are still the recipient of calls offering you goods or services
- A company which you have “nothing to do with” calls you (you don´t have any contract with them, you have not purchased from them, you have not participated in any game or competition, for example)
- When you ask a caller where they got your number, they indicate a public directory as a source (or more often just the Internet in general) or randomly generated number
Electronic Communications Act is not violated when e.g.:
- A caller is carrying out a public opinion research =) the purpose is not to offer goods or services
- Your bank is calling and offering you a premium account =) a public directory is not a source of your contact, but it is the bank's customer database, which has previously given consent to be contacted (e.g. as part of a contract) – it is similarly applied also for other entities of which you are a client (e.g. health service providers, etc.)
2. What to do when you receive a call which contravenes legislative rules and bothers you
You are interested in solving this matter further and don´t want this call to be repeated:
If possible, turn on the recording, if not, it doesn't matter. You can also take a printscreen of the call.
- You can ask who is calling, why they are calling, where they got your number. On the contrary, you don't answer the caller's questions.
- Stress that you are not interested in the offer and you do not agree to the call: You had not given a consent to marketing calls in any public directory, nor are you aware that the company in question may handle your personal data (you have not given your consent, you have not purchased from them, you don´t have any contract with them), see also the frame “something more”.
- If the caller claims to have individual consent, you will say that you withdraw it, you can also confirm the withdrawal in writing.
- You will then end the call without delay, note the time of the call, the caller's number, and save a recording or printscreen if possible.
- Most phones can block calls from a specific number, you can use this.
- If you assume you were being called illegally, you can contact CTU to complain.
You are not interested in solving this matter further:
- State that you are not interested in the offer, that the call is bothering you, violates the law and hang up immediately.
- You can then make sure that you have not previously given your individual consent to the caller or revoke it.
- Most phones can block calls from a specific number, you can take advantage of this.
3. How to complain to CTU
- You can contact CTU in person, in writing (e.g. by email, by post), using the contact form here or by phone (https://www.ctu.eu/submission-options).
- Describe the issue: give your name, the date and time of the call, the purpose of the call (marketing, or briefly describe the content of the call), the name of the company, if you know it, caller´s number, your number, the name of the provider of electronic communications services („operator“), your contact details or any other relevant information. You can also attach the recording of the call or the printscreen.
Neither companies nor other undertakings that have contact with you from previous business dealings or from the client database (e-shops, banks, operators, energy suppliers, etc.) can contact you just like that. Even a natural person's business number published on the Internet cannot be treated completely arbitrarily. However, the situations described are not governed by the Electronic Communications Act (which only deals with cases where the source of contact is a public directory, including so-called randomly generated numbers), but by legislation related to the protection of personal data. It is then better to direct any complaint to the Office for Personal Data Protection, but of course, in case of uncertainty, it is also possible to contact CTU; complaints concerning unauthorised handling of personal data will be forwarded.
It can be any directory that meets the characteristics of the Electronic Communications Act. Any consent to marketing calls may be given through the provider of electronic communications services - the "operator", e.g. the 1188 service.