21
August 2017
Cold Call Ban to be Extended to Texts and Emails
A proposed change to the current legislation around cold calling is being considered to help protect pensioners from being scammed out of their retirement income.
Since 2014 an estimated 3000 pensioners have been scammed of an average of £15,000.
Under the proposed changes, any company wishing to contact someone to discuss pensions must have either opted in permission to call, or have an existing relationship with the person. This is to follow a similar ban on calls relating to mortgages.
The maximum available fine for breaching these rules is currently £500,000.
Initially the Government were going to exclude text message and email from this ban but ultimately decided to include them.
"The fact emails and text messages will also be covered by the ban means savers can be absolutely certain that if someone they don't know contacts them out of the blue about their pension, they simply should not engage with them," said Tom Selby, an analyst with AJ Bell.
This falls in line with the rules set by the Information Commissioners Office on Privacy and Electronic Communications.
The
Privacy
and
Electronic
Communications
Regulations
(PECR)
sit
alongside
the
Data
Protection
Act.
They
give
people
specific
privacy
rights
in
relation
to
electronic
communications.
The
ICO
gives
specific
rules
on:
•
marketing
calls,
emails,
texts
and
faxes;
•
cookies
(and
similar
technologies);
•
keeping
communications
services
secure;
and
•
customer
privacy
as
regards
traffic
and
location
data,
itemised
billing,
line
identification,
and
directory
listings.
For more information visit the ICO website - https://ico.org.uk/for-organisations/guide-to-pecr/what-are-pecr/
When will the changes come into effect?
A
Department
for
Work
and
Pensions
Spokesman
explained
that
the
changes
will
be
brought
in
"when
parliamentary
time
allows".
This
means
it
could
take
some
time
before
parliament
gets
round
to
enacting
it
into
law.
However
it
is
seen
as
a
step
in
the
right
direction.
Changes
in
legislation
have
been
praised
by
the
Pensions
Regulator
and
by
former
pensions
minister
Ros
Altmann,
who
said:.
"The
sooner
the
government
acts,
the
sooner
we
can
improve
protection
for
people's
pensions.
We
will
never
stop
such
fraudsters
completely,
but
these
measures
will
certainly
protect
the
public
better
-
about
time
too."
Cashing in Pensions:
The
Government
announced
Pension
Freedom
in
the
2014
Budget
to
start
in
April
2015.
Anyone
over
55
can
take
the
whole
amount
as
a
lump
sum,
paying
no
tax
on
the
first
25%
and
the
rest
taxed
as
if
it
were
a
salary
at
their
income
tax
rate.
The Government are also looking to tighten rules on where the money is invested from cashed in pensions. This will include investing in forest schemes, or parking spaces.
Changes to finance bill to come in later in the year will mean that any money invested into pension schemes need to be regulated by the FCA, or be managed by accredited sources such as a master tryst or via an active employment contract with the individual.
While proposed legislative changes have been broadly welcomed, some experts warn that fraudsters would try to find new ways of working.
Money Expert recommend always be careful who you share personal information with on the phone and if you are unsure check with the Information Commissioners Office or the Money Advice Service.





