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Accessible legal tips, know-how and news for anyone with a complaint or legal issue from Stephen Gold, author of The Return of Breaking Law, the book

Sunday 30 September 2018

Compensation for Cold Calling

'No, I didn't have a car accident yesterday.'
'No, I haven't suffered a whiplash in the last two years.'
'No, I won't be falling into a hole in the road tomorrow.'
'No, I have never taken out PPI.'
'Yes, I really do mean that I am going to sue you for compensation because I am fed up to the teeth with these blasted calls.'

New laws which have just come into force outlaw the use of public electronic communications services to make unsolicited calls for the direct marketing of claims management services. That's unless you as subscriber previously consented to being contacted which is extremely unlikely assuming you weren't under the influence of alcohol. Callers are also required to disclose their name and, if asked to do so, their address and a free contact number. Breach of the new laws will give rise to a civil claim for compensation for any loss suffered  - such care as  reasonably required was taken to avoid a breach is a defence -and the Information Commissioner can also take action against the culprits.

So next time the phone rings, provided you have already spoken to all your relatives and friends and are sure you aren't just about to be notified you have won the lottery, just say 'Have you read the Privacy and Electronic Communications (EC Directive) Regulations  2003 as amended by section 25 of the Financial Guidance and Claims Act 2018, mate?'