Question to the Department for Digital, Culture, Media & Sport:

To ask Her Majesty's Government when they last reviewed the regulation of cold calling, taking into account (1) the Consumer Rights Act 2015, (2) the powers of the Office of Information Commissioner, (3) the role of the Financial Conduct Authority, and (4) any other legislation.

Government recognises that, for many, nuisance calls are at best a source of irritation, but for the most vulnerable they can be particularly stressful and damaging. We have been clear that there is no place for nuisance calls in our society and have taken a number of proactive actions in an attempt to resolve the problem.

The Privacy and Electronic Communications Regulations (PECR) governs unsolicited live or automated direct marketing calls, unsolicited direct marketing emails and SMS text messages. The Information Commissioner is the UK's independent regulator for data protection. DCMS is the sponsoring government department of the Information Commissioner’s Office (ICO). As part of fulfilling its sponsorship role, DCMS continues to work with the ICO to ensure the UK implements its high standards of data protection effectively.

The introduction of the GDPR provided strict guidelines which strengthened the definition of consent for direct marketing. Further to this, we reviewed PECR in January 2019 where we introduced a ban on cold calling relating to pensions. The ban prohibited the selling of pension services by pension providers unless the consumer has explicitly agreed to be contacted.

In addition, the Consumer Protection (Amendment) Regulations 2014 created a private right of redress for consumers who have entered into a contract as a result of misleading actions or aggressive practices as defined in the Regulations. Under these provisions, the consumer has the right to take civil action in the courts to have the contract unwind (so they are put back in the position they were in before the contract was made) and to receive a refund and to seek compensation for damages for any additional losses or harm suffered as a result of the trader’s actions”.