If you have a pre-existing relationship with your client, and they have given you express permission to call/fax them, then the Preference Service Legislation will not apply to that client.

The most effective way is to have an opt out, or in, box on any application or contact forms.

Please note you can put on your forms that unless the prospect ticks the box you will assume that you can mail or call them.

However, you can not use an opt-out box for Emails, SMS or Video Calls to mobiles, in this case the prospect MUST Opt-in to receiving these communications.

In addition any company performing Market Research, or 'Fact Finding' is exempt from the legislation. However, we strongly recommend that you obtain clarification from the DMA who administer the TPS & CTPS Register, The Information Commissioner, or independent legal advice to ensure that your marketing activities will not breach the legislation.

You must also ensure that the 'fact finding' call does not slip, or morph unintentionally into a selling call as this could leave you vunerable to a fine.

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