Direct marketing to my phone

[nooty]

I received a cold call from a direct marketing company yesterday on my mobile with a 48 Months sim card. I wanted to know if you could clarify if my mobile phone number has been included on any lists that are shared with direct marketers, either associated with 48 Months directly or indirectly. If it has, then this has been either inadvertent on my part or, perhaps, done without my permission, though your response will hopefully clarify this.

I obviously cannot include my mobile number here - how can I allow you to look into my case?

[dalyer]

You need to log a support query to ask 48 support about this.

How to get help

Nobody on the community forum will be able to answer this question authoritatively.

However I am a couple of years with 48 now and have never received any unsolicited marketing calls so I don't think that they share details generally and I don't remember having to choose any opt out option.

Remember that many cold callers gather numbers from other sources and/or use auto dialers which generate numbers automatically.

Hope this helps.

[nooty]

Thanks for your reply. I will contact customer service directly.

[dalyer]

Just noticed that under My 48 > My Details there are two options under "Do you want to hear more from us?"

https://www.48months.ie/my-48/my-details

• Keep me updated on 48's new stuff.
• Tell me more stuff about goods & services from 48's partners also.

In my account both are switched off - I can't remember if I switched them off deliberately or if they were disabled by default.

Maybe check these on your account?

I don't know if having either or both enabled might result in calls?

Did the caller yesterday state any association with 48?

Hope this helps.

[nooty]

Thanks once again for your reply. I was looking for the tab you mentioned earlier but couldn't find it. I have both of these turned off in any case so it appears that the cold call may have been made illegally, though I'm still waiting for a direct response to this. The Data Protection Commissioner is quite clear that unsolicited marketing calls to mobile phones are illegal.

[dalyer]

Are you sure that they are illegal?

I've opted out of direct marketing on my (UPC) landline but I still get lots of spam calls.

I don't remember ever getting any on my mobile while with 48.

Edit: just found this:

http://www.askcomreg.ie/tell_us/cold_calls___a_quick_guide_to_preventing_unwanted_calls_from_direct_...

Note this in particular:

What can you do if you receive marketing calls against your wishes?

Not all marketing calls fall into the category of ‘unsolicited calls’ or a 'cold call'.  A business may contact you for marketing purposes if you are or recently were a customer.  It can do this even if your number is included in the opt-out listing, unless you tell them that you do not want them to phone you. You might also receive a marketing call if you provide phone details to a company, for example by entering a competition, redeeming coupons or requesting a brochure. If you do not want it to phone, say that when you give your details.

If you get an unwanted marketing call from a business that you have had no prior dealings with, or to which you have not provided contact details, tell the caller you do not want to be contacted by that company again.
If you get the call more than 28 days after your details have been recorded in the opt-out register of the NDD, or after  you have told the company in question not to contact you again, you may wish to complain to the Office of the Data Protection Commissioner. This office can investigate and prosecute the company if necessary.

The rules and Regulations regarding direct marketing calls do not extent to direct marketing calls from outside Ireland.

Hope this helps.

[nooty]

Yes, the same guide states that "It is an offence for a marketer to call you on your mobile phone for marketing purposes unless you have consented to the receipt of such calls on your mobile phone." I do not believe that I have - certainly not advertently.

[dalyer]

The guide that I linked to doesn't say that.

Edit: ah - I see that it says...

Mobile phone users

Mobile phone numbers are automatically protected from direct marketing calls by the E privacy regulations 2011. Direct marketing companies must have your prior consent before contacting you on your mobile. If you want to allow direct marketers to contact you in this way, you can call your mobile service provider and ask that your number be made available to direct marketers. 

But if the call is from abroad then the Comreg rules don't apply.

And note that unsolicited non direct marketing (e.g. survey) calls are allowed.

[nooty]

My mistake. I misread the URL in my haste to reply.

It's a data protection issue so it falls into the remit of the Data Protection Commissioner, rather than Com Reg, I believe.

The guide I was referring to is: http://www.dataprotection.ie/docs/A_Consumer_Guide_to_Dealing_with_Unsolicited_Direct_Marketin/288.h...

These are interesting distinctions - thanks for that.