Silent call
Encyclopedia
A silent call is a telephone call
that is generated by a predictive dialer
(or dialer) which does not have an agent immediately available to handle the call. In this instance the call may be terminated by the dialer, 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 U.S.
, the Federal Trade Commission
(FTC) uses the term "abandoned call" instead of silent call in its regulations applying to telemarketing
. "Abandoned call" in non-FTC contexts may refer to a caller who decides not to await answer before hanging up.
For more information on why the technology makes silent calls, see predictive dialer
.
(TDDs) and calling public agencies might expect the agency being called to answer with a TTY. The caller waits for "TTY tones" to be generated over the phone line. The answerer should place the phone receiver into the TTY coupler and type anything ("Hello, Go Ahead") so the caller knows it is connected. For public agencies that have a TTY, it is inappropriate to hang up on a silent call.
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 dialed and immediately dropped if the call is connected. If the call is not dropped quickly enough it may result in a short ringing signal.
agencies.
Around 10% of dialer 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%.
states:
In 2003, OFCOM
investigated 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" (a official written warning) to one of the companies. The terms of the notification imposed a maximum proportion of 5% silent calls.
On 1 March 2006 OFCOM have published their revised policy requiring that
OFCOM also announced that it had completed an investigation into seven companies in relation to silent calls. Notifications were issued to four of these, imposing a new limit of 3% abandoned calls. An undertaking (without official notification) was secured from another company for the same performance. The sixth company's actions did not constitute persistent misuse. The final company has stopped accepting contracts to send unsolicited fax communications.
On 3 November 2006 Ofcom published a statement indicating that it was taking action against 4 companies.
You can see the full notification at
In 2008, Barclaycard were fined the maximum penalty at the time of £50,000. A government consultation was started with a view to increasing the maximum penalty; with suggestions from £250,000 to £2,000,000.
On 1 February 2011 new legislation came into force, with a maximum penalty of £2,000,000 for companies that issue silent calls more than once a day to the same customer.
explaining why the call was silent and why no agent was available. The industry
, led 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):
(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 25 July 2005, this consulting firm then released a framework to help call centres implement the NAA message, entitled Voluntary Dialing Code.
However, many believed that even if an NAA message was legal in terms of the PERC, OFCOM could still find that it was persistent misuse.
On 17 August, 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 is 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 18 August the DMA pledged to update its code (many believe the updates will be identical to the points the Voluntary Dialing Code). No update has as yet been released and the Voluntary Code remains the only framework in existence.
Telephone call
A telephone call is a connection over a telephone network between the calling party and the called party.-Information transmission:A telephone call may carry ordinary voice transmission using a telephone, data transmission when the calling party and called party are using modems, or facsimile...
that is generated by a predictive dialer
Predictive dialer
A predictive dialer dials a list of telephone numbers and connects answered dials to people making calls, often referred to as agents. Predictive dialers use statistical algorithms to minimize the time that agents spend waiting between conversations, while minimizing the occurrence of someone...
(or dialer) which does not have an agent immediately available to handle the call. In this instance the call may be terminated by the dialer, and the called party receives a silence
Silence
Silence is the relative or total lack of audible sound. By analogy, the word silence may also refer to any absence of communication, even in media other than speech....
("dead air
Dead air
Dead air is an unintended interruption in a radio broadcast during which no sound is transmitted.The term is most often used in cases where program material comes to an unexpected halt, either through operator error or for technical reasons, although it is also used in cases where a broadcaster...
") or a tone from the telephone company
Telephone company
A telephone company is a service provider of telecommunications services such as telephony and data communications access. Many were at one time nationalized or state-regulated monopolies...
which indicates the call has been dropped.
In the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the Federal Trade Commission
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
(FTC) uses the term "abandoned call" instead of silent call in its regulations applying to telemarketing
Telemarketing
Telemarketing is a method of direct marketing in which a salesperson solicits prospective customers to buy products or services, either over the phone or through a subsequent face to face or Web conferencing appointment scheduled during the call.Telemarketing can also include recorded sales pitches...
. "Abandoned call" in non-FTC contexts may refer to a caller who decides not to await answer before hanging up.
For more information on why the technology makes silent calls, see predictive dialer
Predictive dialer
A predictive dialer dials a list of telephone numbers and connects answered dials to people making calls, often referred to as agents. Predictive dialers use statistical algorithms to minimize the time that agents spend waiting between conversations, while minimizing the occurrence of someone...
.
Other reasons for silent calls
People using telecommunications devices for the deafTelecommunications device for the deaf
A telecommunications device for the deaf is a teleprinter, an electronic device for text communication over a telephone line, that is designed for use by persons with hearing or speech difficulties...
(TDDs) and calling public agencies might expect the agency being called to answer with a TTY. The caller waits for "TTY tones" to be generated over the phone line. The answerer should place the phone receiver into the TTY coupler and type anything ("Hello, Go Ahead") so the caller knows it is connected. For public agencies that have a TTY, it is inappropriate to hang up on a silent call.
Many silent calls are a result of process known as pinging. This is very similar to an Internet Protocol
Internet Protocol
The Internet Protocol is the principal communications protocol used for relaying datagrams across an internetwork using the Internet Protocol Suite...
(IP) ping
Ping
Ping is a computer network administration utility used to test the reachability of a host on an Internet Protocol network and to measure the round-trip time for messages sent from the originating host to a destination computer...
, 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 dialed and immediately dropped if the call is connected. If the call is not dropped quickly enough it may result in a short ringing signal.
Telemarketing and the UK DMA
It is believed that most, although not all, silent calls are made by telemarketingTelemarketing
Telemarketing is a method of direct marketing in which a salesperson solicits prospective customers to buy products or services, either over the phone or through a subsequent face to face or Web conferencing appointment scheduled during the call.Telemarketing can also include recorded sales pitches...
agencies.
Around 10% of dialer users in the UK are members of the Direct Marketing Association
Direct Marketing Association
Direct Marketing Associations are national trade organizations that seek to advance all forms of direct marketing.- International Federation of Direct Marketing Associations :...
(DMA) who are an industry interest group for telemarketing
Telemarketing
Telemarketing is a method of direct marketing in which a salesperson solicits prospective customers to buy products or services, either over the phone or through a subsequent face to face or Web conferencing appointment scheduled during the call.Telemarketing can also include recorded sales pitches...
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 2003Communications Act 2003
The Communications Act 2003 is an Act of the Parliament of the United Kingdom. It gave regulation body Ofcom its full powers. Among other measures, it introduced legal recognition of Community Radio and paved the way for full-time Community Radio services in the UK; as well as controversially...
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
Ofcom
Ofcom is the government-approved regulatory authority for the broadcasting and telecommunications industries in the United Kingdom. Ofcom was initially established by the Office of Communications Act 2002. It received its full authority from the Communications Act 2003...
investigated 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" (a official written warning) to one of the companies. The terms of the notification imposed a maximum proportion of 5% silent calls.
On 1 March 2006 OFCOM have published their revised policy requiring that
- Abandoned calls must carry a recorded message about the company calling.
- Calling line identificationCaller IDCaller ID , also called calling line identification or calling number identification or Calling Line Identification Presentation , is a telephone service, available in analog and digital phone systems and most Voice over Internet Protocol applications, that transmits a caller's number to...
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 an investigation into seven companies in relation to silent calls. Notifications were issued to four of these, imposing a new limit of 3% abandoned calls. An undertaking (without official notification) was secured from another company for the same performance. The sixth company's actions did not constitute persistent misuse. The final company has stopped accepting contracts to send unsolicited fax communications.
On 3 November 2006 Ofcom published a statement indicating that it was taking action against 4 companies.
- Carphone Warehouse plc;
- Brakenbay Kitchens Ltd;
- Space Kitchens Ltd; and
- IDT Direct Ltd (trading as Toucan).
You can see the full notification at
OFCOM.org.uk.In 2008, Barclaycard were fined the maximum penalty at the time of £50,000. A government consultation was started with a view to increasing the maximum penalty; with suggestions from £250,000 to £2,000,000.
On 1 February 2011 new legislation came into force, with a maximum penalty of £2,000,000 for companies that issue silent calls more than once a day to the same customer.
The No Agent Available (NAA) message
One solution to silent calls is for marketing organizations to play a recorded message to the consumerConsumer
Consumer is a broad label for any individuals or households that use goods generated within the economy. The concept of a consumer occurs in different contexts, so that the usage and significance of the term may vary.-Economics and marketing:...
explaining why the call was silent and why no agent was available. The industry
Industry
Industry refers to the production of an economic good or service within an economy.-Industrial sectors:There are four key industrial economic sectors: the primary sector, largely raw material extraction industries such as mining and farming; the secondary sector, involving refining, construction,...
, led 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 25 July 2005, this consulting firm then released a framework to help call centres implement the NAA message, entitled Voluntary Dialing Code.
However, many believed that even if an NAA message was legal in terms of the PERC, OFCOM could still find that it was persistent misuse.
On 17 August, 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 is 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
Nuisance
Nuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir J. F...
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 18 August the DMA pledged to update its code (many believe the updates will be identical to the points the Voluntary Dialing Code). No update has as yet been released and the Voluntary Code remains the only framework in existence.