ACM takes the next step in heightened oversight over unsolicited telemarketing calls

By examining their methods, the Netherlands Authority for Consumers and Markets (ACM) checks telecom and energy companies that use telemarketing calls for their customer-recruitment efforts. In these audits, ACM particularly looks at the way in which they prevent consumers from receiving unsolicited phone calls. ACM also wishes to know how they take their responsibility for businesses that make such calls on their behalf. With these audits, ACM is taking the next step in its heightened oversight, which it announced earlier this year in order to end the practice of unsolicited telemarketing calls. At the time of the announcement, ACM gave these companies until 1 July to get their processes straight. Companies must be able to demonstrate that they have taken sufficient steps to comply with the current rules on telemarketing. Companies that have taken insufficient steps run the risk of ACM enforcement action.

Edwin van Houten, Director of ACMs Consumer Department, explains: “For far too long, telemarketing calls have been one of consumers’ biggest nuisances. Unsolicited telemarketing calls is the problem we receive the most reports about. All consumers are bothered by it, also particularly consumers in vulnerable positions. We seek to put an end to this nuisance.”

Dealing with telemarketing calls

Each year, ACM receives many complaints from consumers about unsolicited telemarketing calls, especially from energy and telecom companies. That is why ACM in late March organized a meeting with these companies where the rules were explained, and where they were given until 1 July to comply with the rules. ACM will now check to what extent these companies have adjusted their processes and practices, so that they only call consumers that have explicitly given consent to receiving such calls. In that context, ACM also assesses whether these energy and telecom companies sufficiently check the businesses that make the phone calls on their behalf. They, too, need to comply with the rules, and the company that commissions them is responsible for their compliance with the rules. This is referred to as chain responsibility. Telecom company VodafoneZiggo recently made a commitment to ACM that, going forward, it will comply with the telemarketing rules.

In addition, the rules governing the contents of telemarketing calls are still in place, which means that the companies that make such calls must be clear about their identity, the reason for the call, and the content of the offer. These rules apply to all companies that use telemarketing for contacting ‘natural persons’: consumers and independent contractors.

ACM is currently conducting audits to see to what extent telecom and energy companies have their processes in order. If necessary, ACM can force them to do so by imposing fines or orders subject to periodic penalty payments. These rules obviously also apply to businesses in other sectors that make use of telemarketing calls for customer recruitment purposes.

Consumer reports help ACM

Consumers that are bothered by unsolicited telemarketing calls continue to be able to report these to ACM’s consumer information portal ACM ConsuWijzer. Such reports help ACM find out where irregularities occur and how it can take effective action.