Below is a email I revieved for the Australian Communications and Media Authority (the ACMA) about a complaint I made about a company that has rung me a number of times even though I am on the do not call register. The advise they give in the letter about pretending to be interested in the product seem to be the only way of finding out which Australian company is using the tactic of using overseas call centre to bi-pass the Australian Do Not Call regulations.

Dear Mr Greig,

The Australian Communications and Media Authority (the ACMA) recently received your complaint about a potential contravention of the Do Not Call legislation (DNC legislation), which comprises the: * Do Not Call Register Act 2006 (DNCR Act); * Telemarketing and Research Calls Industry Standard 2007 (TRCIS); and * Fax Marketing Industry Standard 2011 (FMIS).

Thank you for the information you provided about the call you received from an entity calling itself 'Selective Sola' on 4 April 2013.

The ACMA has received a number of complaints from consumers on the Register about telemarketing calls made by the above named entity. It appears that many of these calls are generated by offshore call centres that make “lead generation” calls. Generally, lead generation calls are aimed at generating interest in a business’ products or services and identifying potential purchasers. The aim may be to set up an appointment for the business with the potential purchaser, or to identify interested purchasers so that the business can make a follow up call or contact to them to secure a sale. This follow up call may be made by an Australian based entity that has been forwarded the consumer’s contact details from the telemarketer.

To assist in the ACMA identifying the company that is responsible for making these telemarketing calls, the following information is helpful if it can be obtained from the caller: * the name/s of the Australian business/es that the call centre is connected to, and their contact details (address, phone number, email and/or website address); * the Australian Business Number (ABN) or Australian Company Number (ACN) of the Australian business/es; and * the name and contact details of the call centre.

Telemarketers are sometimes more willing to provide detailed information if you sound interested in the product or service offered and not immediately tell them that your number is on the Do Not Call Register. However, it is very important that you do not provide your credit card or personal information to the caller to obtain this information.

The ACMA understands that callers are sometimes reluctant to provide information and that the information provided may not be accurate.

Given that the call centres appear to be located offshore, the most effective way of addressing the matter is for the ACMA to identify the Australian-based businesses that are linked to the practice. The information provided in complaints received by the ACMA is an important part of this process. The ACMA is continuing to make enquiries regarding this matter to identify the source of the calls and take appropriate regulatory action.

I have noted your complaint on the ACMA’s files and will follow up on this matter should I receive further information. Further information about the ACMA’s complaint handling policy can be found at www.acma.gov.au/DNCPolicy.

Thank you for taking the time to lodge a complaint with the ACMA. The information provided in complaints contributes to the action the ACMA is ultimately able to take. If you receive further calls or faxes which you believe to be telemarketing calls or marketing faxes, please lodge a further complaint via the online complaint form at www.donotcall.gov.au or by calling 1300 792 958.

Yours sincerely

Sartajnuic Unsolicited Communications Compliance Section

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