When does no really mean no?
November 2009
Regulatory bodies are under pressure to clarify the rules on telephone fundraising
Hugh McCaw, chief executive of telephone fundraising provider Relationship Marketing, is calling on various sector bodies to spell out exactly what is acceptable in telephone fundraising under current regulations.
He has challenged the Fundraising Standards Board (FRSB), the Telephone Preference Service (TPS) and the Institute of Fundraising (IOF) amongst others to outline the legal, professional and moral ramifications of using the phone to raise money.
McCaw stressed that charities using telephone fundraising are in a dangerous situation. ‘It is increasingly obvious that fundraisers across the UK, within charities and now evidently within commercial suppliers, are unclear about current regulations and codes of practice,’ he said. ‘It is no surprise when current regulations and codes are so complex and sometimes appear contradictory.’
Concern has also been raised over the potential implications of changes in EU law – a review of the EU Data Protection Directive will commence in January 2010 and current consultation on the Privacy & Electronic Communications Regulations in the UK is set to close in December this year.
The call for a ‘sector summit’ on telephone fundraising comes in the wake of a heated debate sparked by Karl Holweger of Pell & Bales’ recent comments on contacting lapsed donors via the phone. The telephone fundraising agency’s chief executive claimed at this year’s International Fundraising Congress that contacting lapsed donors, who have asked not to be telephoned, with an administrative call to ascertain whether they have changed their minds, was acceptable. A flurry of outraged online responses ensued.
Holweger later apologised for his comments, and pledged to stop discussing the practice. In a statement the Information Commissioner’s Office confirmed the illegal status of organisations making unsolicited telephone calls to individuals who have requested not to be contacted.
In May 2009 McCaw issued a white paper calling on the fundraising sector to appeal against the ‘miscarriage of justice’ that led to charity fundraising calls being equated with commercial telesales. Ringing the changes aimed to prompt the government to revisit its decision, made back in 1998, not to give charities special status in the TPS.
See www.ico.gov.uk/what_we_cover/privacy_and_electronic_communications/the_basics.aspx for more information on the rules concerning telephone fundraising
Author: Claire Shropshall
Claire Shropshall is the editorial assistant for Charity Funding Report, Caritas, and Codicil magazines. Claire has a BA in English Literature and Philosophy from Birmingham University and a Postgraduate Certificate in Periodical Journalism from London College of Communication. She previously worked in Central America as a voluntary reporter for an English-language newspaper.
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