In 1999 the Government introduced legislation (Electronic Communications [EC Directive] Regulations Act) that made it unlawful to make unsolicited marketing calls to individuals who had their numbers listed on the Telephone Preference Service (TPS) register. Since that date, companies wishing to telemarket to residential data had to check their lists of numbers monthly, or risk substantial fines.

From June 2004, this legislation was extended to cover business telephone numbers. Companies can also register their numbers in the same way as consumers on to the Corporate Telephone Preference Service (CTPS). There is a fine of up to £5000 to any business that makes a marketing call to a TPS or CTPS listed number.

Numbers should be checked against the registers every 28 days, as this is the time between a new number being listed ad the TPS being enforced.

As a summary:

• Individuals at home are listed on Consumer Register.
• Businesses and Partnerships in Scotland are listed on Corporate Register.
• Businesses working from home and Partnerships in England and Wales are Listed on either Register.
• Numbers listed on a TPS register cannot be called for marketing purposes, unless the person or company has given consent to receive calls from the company calling.

In short, you must not call a number listed on either TPS register for telemarketing, unless they are an existing contact, or have requested a call. Note that the penalties are not automatic - a person has to make a complaint about your call - so if you inadvertently do make a call to a TPS listed number, the best action is to apologise, end the call and ensure you update your records so they are not called again.

Data lists provided by Yours Sincerely have been pre-screened for TPS and CTPS, and only numbers that are safe to call are listed. You should call your records within 28 days, or re-screen them after this time.

For further information about the TPS Registers visit tpsonline.org.uk.

There are many TPS screening service providers available online. Admar Online is one which offers multiple single number checks per day for free, as well as list screening services.