An abandoned call is where a connection is established but terminated by the caller even though the call has been answered by a consumer. A silent call is a type of abandoned call where the consumer hears nothing on answering the phone and has no means of establishing whether anyone is at the other end.
Abandoned and silent calls can cause significant consumer harm. Although the number of silent calls has decreased since 2005, an Ofcom survey from June 2009 showed that over three quarters (77%) of adults questioned were very or fairly inconvenienced by silent calls and almost two thirds (61%) were very or fairly concerned by them.
Older, and possibly also some disabled consumers are more likely to be affected by silent calls. These consumers are likely to find it difficult to get to the phone, making repeat silent calls particularly burdensome. They are also more likely to be at home during the day and therefore more likely to receive repeat silent calls.
To reduce the nuisance and distress caused to consumers by silent calls, by:
The Panel is pleased that Ofcom has amended the 2008 Statement of Policy to tackle repeat abandoned and silent calls, imposing a 24 hour no call-back policy. The Panel is continuing to monitor Ofcom's action in this area to ensure that this change is accompanied by a rigorous enforcement programme to tackle any cases of malicious misuse. This enforcement programme, where appropriate, should make use of the new maximum penalty for the persistent misuse of an electronic communications network or service introduced by government in March 2010.
The Panel is looking to Ofcom to monitor the effectiveness of the amendment, and expects Ofcom to take further action to address the problem if repeat silent calls remain at a high level, either among all consumers or among more vulnerable consumers.
Response to Ofcom's consultation on tackling abandoned and silent calls, July 2010
The Panel would like levels of complaints about silent calls to be monitored, and action taken if repeat silent calls remain at a high level, either among all consumers or among more vulnerable consumers.
In February 2009 the Panel received an update on Ofcom's consumer policy work, including its work to tackle silent calls.
In January 2010 the Panel had also responded to the Department for Business Innovation and Skills (BIS) consultation on raising the maximum penalty for the persistent misuse of an electronic communications network or service to tackle the problem of silent and abandoned calls to consumers. The Panel argued that silent and abandoned calls continue to cause significant harm to consumers and supported an increase in the maximum penalty to £2 million.
In March 2010 BIS published its closing statement, announcing that the maximum penalty would be increased from £50,000 to £2 million and that the Government proposed to amend the maximum penalty in the Communications Act 2003 by statutory instrument as soon as possible. The changes came into effect in September 2010.
In June 2010 Ofcom updated the Panel on its work on silent calls and in July 2010 the Panel responded to Ofcom's consultation on tackling abandoned and silent calls. The Panel supported Ofcom's proposal to amend the 2008 Statement of Policy to tackle repeat abandoned and silent calls, imposing a 24 hour no call-back policy. The Panel stressed that this change should take place within the context of a rigorous enforcement programme to tackle any cases of malicious misuse. In addition, the Panel urged Ofcom to monitor the effectiveness of the amendment, taking further action to address the problem if repeat silent calls remain at a high level, either among all consumers or among more vulnerable consumers.
In October 2010 Ofcom published its response to the submissions to its consultation, saying that it would make changes to the 2008 Statement of Policy, including a 24 hour call-back policy. The new rules came into force in February 2011.