Comments on: A beginner’s guide to the Ofcom regulations http://www.callcentrehelper.com/a-beginners-guide-to-the-ofcom-regulations-2663.htm The UK's most popular call centre magazine Fri, 10 Feb 2012 18:45:46 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: David Hickson http://www.callcentrehelper.com/a-beginners-guide-to-the-ofcom-regulations-2663.htm/comment-page-1#comment-9939 David Hickson Fri, 06 Mar 2009 23:45:23 +0000 http://www.callcentrehelper.com/a-beginners-guide-to-the-ofcom-regulations-2663.htm#comment-9939 Two points from a semi-retired campaigner on this issue. There is no escape for AMD users. Apart from the very low natural "no agent available" rate that is necessary to meet the overall 3% limit, if positive AMD is used to trigger the call being abandoned then the requirement to present an Informative Message applies. As this must be done within 2 seconds of the telephone being picked up, then the sound sample used by the AMD must be short to the point of uselessness. As any SILENT call is unacceptable, only methods of AMD that are guaranteed to be 100% effective may be used. It is for the call centre industry to work with telecomms providers to develop and implement such methods if they are deemed to be worthwhile. Secondly, the point about "consent" for use of recorded messages on outbound calls needs to be clarified. This must be explicit consent. A failure to register with the TPS, or general consent to being called is not sufficient. This is matter of statutory regulation (the PECR 2003 #19), enforced by the ICO. This is quite different from Ofcom's powers under ss128-130 of the Communications Act, which do not include the ability to impose general regulation. Only the powers under s129 include the ability to impose specific requirements in particular cases. Section 131 bears only on Ofcom, which is thereby required to have regard to its Statement of Policy. Ofcom is not however bound to adhere rigidly to the content of this Statement, as it has demonstrated on many occasions. Beginners, and those who should know better, must note that there are no statutory "Silent Call regulations". Two points from a semi-retired campaigner on this issue.

There is no escape for AMD users.

Apart from the very low natural “no agent available” rate that is necessary to meet the overall 3% limit, if positive AMD is used to trigger the call being abandoned then the requirement to present an Informative Message applies. As this must be done within 2 seconds of the telephone being picked up, then the sound sample used by the AMD must be short to the point of uselessness.

As any SILENT call is unacceptable, only methods of AMD that are guaranteed to be 100% effective may be used. It is for the call centre industry to work with telecomms providers to develop and implement such methods if they are deemed to be worthwhile.

Secondly, the point about “consent” for use of recorded messages on outbound calls needs to be clarified. This must be explicit consent. A failure to register with the TPS, or general consent to being called is not sufficient.

This is matter of statutory regulation (the PECR 2003 #19), enforced by the ICO.

This is quite different from Ofcom’s powers under ss128-130 of the Communications Act, which do not include the ability to impose general regulation. Only the powers under s129 include the ability to impose specific requirements in particular cases.

Section 131 bears only on Ofcom, which is thereby required to have regard to its Statement of Policy. Ofcom is not however bound to adhere rigidly to the content of this Statement, as it has demonstrated on many occasions.

Beginners, and those who should know better, must note that there are no statutory “Silent Call regulations”.

]]> By: John Turtle http://www.callcentrehelper.com/a-beginners-guide-to-the-ofcom-regulations-2663.htm/comment-page-1#comment-9901 John Turtle Fri, 06 Mar 2009 11:46:14 +0000 http://www.callcentrehelper.com/a-beginners-guide-to-the-ofcom-regulations-2663.htm#comment-9901 True Intelligent Voice Messaging systems don’t just ‘push messages out to customers’, they interact with the customer. They use 'real voice' prompts and recognise voice responses, creating a dialogue with the customer. This provides the opportunity for the automated call ,for example, to confirm that the right party is on the phone or ask if the right party can be brought to the phone whilst the call is held; once the right party is available the call is transferred to a live agent. This can provide a huge increase in call centre productivity and agent motivation. If an answering machine is detected, a message can be left detailing who has called and asking the customer to ring back, solving the problem of AMDs creating silent calls. True Intelligent Voice Messaging systems don’t just ‘push messages out to customers’, they interact with the customer. They use ‘real voice’ prompts and recognise voice responses, creating a dialogue with the customer. This provides the opportunity for the automated call ,for example, to confirm that the right party is on the phone or ask if the right party can be brought to the phone whilst the call is held; once the right party is available the call is transferred to a live agent. This can provide a huge increase in call centre productivity and agent motivation.
If an answering machine is detected, a message can be left detailing who has called and asking the customer to ring back, solving the problem of AMDs creating silent calls.

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