General Condition 24 on Sales and Marketing of Fixed-Line Telephony Services
Scope
24.1 A Communications Provider who provides a Fixed-Line Telecommunications Service to Domestic and Small Business Customers (‘the Customer’) must comply with this General Condition with respect to such Customers.
24.2 This General Condition is only applicable where the Customer is transferring a Fixed-Line Telecommunications Service between Communication Providers.
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Mis-selling prohibition
24.3 When selling or marketing Fixed-Line Telecommunications Services, the Gaining Communications Provider must not:
(a) engage in dishonest, misleading or deceptive conduct;
(b) engage in aggressive conduct;
(c) contact the Customer in an inappropriate manner; or
(d) engage in Slamming.
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Responsibility
24.4 Where the Communications Provider engages representatives, such as any sales agency, to act on its behalf in the sale and marketing of Fixed-Line Telecommunications Services, the Communications Provider shall procure that such representatives comply with the requirements of this General Condition.
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Publication of relevant obligations
24.5 The Communications Provider must:
(a) publish a copy of this General Condition, or a link to a copy of this General Condition, published on Ofcom’s website, in an easily accessible and reasonably prominent manner on its website or, where there is no such website, by making it available in its registered office during normal office hours for inspection free of charge by members of the general public; and
(b) provide a copy of this General Condition to a Customer free of charge upon reasonable request.
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Information at Point of sale
24.6 The Gaining Communications Provider must take all reasonable steps to ensure that before entering into a contract for a Fixed-Line Telecommunications Service the Customer who is transferring the line:
a) is authorised to do so;
b) intends to enter into the contract; and
c) is provided with the information set out below in a clear, comprehensible, prominent and accurate manner, in paper or another Durable Medium which is available or accessible to the Customer or, where the Customer enters into the contract during a sales call, by telephone:
(i) the identity of the legal entity the Customer is contracting with and its telephone, website and/or e-mail contact details;
(ii) a description of the Fixed-Line Telecommunications Service requested; the key charges, including minimum contract charges, and any early termination charges, if applicable; payment terms; the existence of any termination right, termination procedures and the Customer’s right to cancel at no cost from the point of sale to the completion of the Transfer Period; the arrangements for provision of the service, including the order process and, as accurately as possible, the likely date of provision of the service and any minimum period of contract.
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Post-sales information
24.7 Where the Customer enters into a contract for a Fixed-Line Telecommunications Service, the Gaining Communications Provider and the Losing Communications Provider must each send the Customer a letter, in accordance with the industry-agreed process, stating that the Customer is transferring their Fixed-Line Telecommunications Service, in paper or another Durable Medium, which clearly sets out, as appropriate:
(i) the date of the letter;
(ii) the Calling Line Identification of all Electronic Communications Services which are affected;
(iii) the list of services affected/unaffected;
(iv) the proposed switchover date;
(v) relevant contact details; and
(vi) the right to terminate the contract, the means by which the right to terminate from the point of sale to the completion of the Transfer Period can be exercised and the date by which the right to terminate must be exercised.
24.8 The letter must be sent by normal post, unless the Customer has explicitly agreed to receive correspondence electronically, such as through verbal consent in a call or through electronic confirmation when ordering online.
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Customer’s termination rights
24.9 When the Customer enters into a contract to transfer a Fixed Line Telecommunications Service the Gaining Communications Provider must allow the Customer to terminate the contract from the point of sale to the completion of the Transfer Period without charge or any other form of compensation being required to be given by the Customer to the Gaining Communications Provider.
24.10 The Gaining Communications Provider must have procedures in place to enable the Customer to exercise their right to terminate their contract pursuant to General Condition 24.9 without unreasonable effort. These procedures must include the ability to contact the Gaining Communications Provider to terminate the contract by any of the following contact methods:
(i) telephone;
(ii) e-mail; and
(iii) post.
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Records retention
24.11 The Gaining Communications Provider must use reasonable endeavours to create and keep all records regarding the sale of its Fixed-Line Telecommunications
Service, for a period of not less than six months. Such records must include the date and approximate time of the contact with the Customer, the means through which the Contract was entered into, the place where the Contract was entered into, where relevant, and be such as to allow subsequent identification of the salesperson(s) involved and to assist in dealing with any complaint or query.
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Training
24.12 The Communications Provider must ensure that all its staff or any representatives of any sales agency engaged by it, involved in direct contact with Customers for the purpose of sales and marketing activity and/or Cancel Other are appropriately trained to comply with this General Condition.
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Monitoring
24.13 The Communications Provider must monitor, including conducting regular audits, its compliance with this General Condition, including compliance on its behalf by any representatives or sales agency engaged by it, and take appropriate steps to prevent the recurrence of any problem(s) identified.
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Cancel Other process
24.14 The Losing Communications Provider shall only be permitted to use Cancel Other in the following circumstances:
(a) where Slamming has occured;
(b) at the Customer’s request, where the Gaining Communications Provider has failed to cancel the request after being directed by the Customer to do so (“Failure to Cancel”);
(c) where the telephone line is or will be, ceased during the Transfer Period (“Line Cease”);
(d) for other specified reasons not related to a Customer’s request to cancel a transfer, and agreed by the relevant industry forum and approved by Ofcom; and
(e) in such other circumstances as defined by Ofcom.
24.15 Before using Cancel Other in cases of Slamming and/or Failure to Cancel, the Losing Communications Provider shall take reasonable steps to establish that Slamming and/or Failure to Cancel has actually taken place.
24.16 After using Cancel Other, the Losing Communications Provider shall confirm the cancellation of the order by Durable Medium to the Customer, unless this is not possible or appropriate, including where the customer is deceased.
24.17 The Losing Communications Provider shall record its reasons for using Cancel Other in each case, selecting the appropriate reason code from a list corresponding to permitted use of Cancel Other and consistent with GC24.19(m)(i) to (iv), as agreed by the industry, and approved by Ofcom.
24.18 Where the Losing Communications Provider communicates with the Customer in order to comply with this General Condition, it must not make any marketing statements or representations in the communication which may induce the Customer to terminate their contract with the Gaining Communications Provider and/or remain in a contract with the Losing Communications Provider.
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