OFTA Tackles Automated Junk Calls?

The Office of the Telecommunications Authority (OFTA) has announced a voluntary Code of Practice on Handling Complaints about Inter-operator Unsolicited Promotional Calls Generated by Machines. Under the Code, recipient of junk calls are required to provide their service provider with:

1. their full name;
2. the affected telephone number(s);
3. the date and time at which the junk call was received;
4. the content of the junk call, such as the product that the junk call advertised and the characteristics of the product;
5. the telephone number of the junk call sender as displayed on the phone (if any);
6. the consent to disclose the recipient’s full name for the follow-up action on the complaint.

   If two or more complaints are received within 5 days, and they are substantiated, the junk caller’s phone service may be suspended or terminated.

   Unlike the sender’s caller ID, the details of the content of the junk call are not described as an optional requirement, and the Code makes clear that an investigation will only occur if the information is complete. This causes difficulties for people who receive junk calls in a language they do not understand. When asked, “most of the junk calls I receive are in a language I do not understand and cannot speak. How can I report the content of a recorded message that I did not understand?”, OFTA’s Webmaster responded in email:

   “We understand that some customers may have problem in providing some information to operators such as the content because of the language problem or the caller's number because the number is hidden etc. However, it is still possible for operators to conduct the required investigation based on the other available information from customers such as the time/date of receiving the calls. We would alert operators about your concerns and request them to accommodate customers' complaints as far as they can.”

   OFTA did not say that it would amend the Code. An earlier voluntary code in a related area, the “Anti-SPAM - Code of Practice” that OFTA produced with the HKISPA has been ineffective.