Talk Talk just phoned me ...

[Polar Bear]

They called as a result of us looking at their website at the weekend.  We did a speed reference check which requires your landline number.

I think that it is a bit naughty to capture numbers and call back.

Maybe this should be in The bill and the Bailey? 

[Greenbank]

Looking at the terms and conditions there's no problem as you essentially agreed to it.

"
17) TalkTalk will use the phone number entered into the availability checker to
contact you to discuss your broadband requirements.
"

These were available to view before you entered your phone number.

[PaulF]

What was in the small print? Probably said that they could use the info for 'marketing.
' Purposes

[tiermat]

I have a problem with TT/CPW cold calling, so much so that I once sent an email to the head honcho as I had received a cold call during my work hours.  The call started with the guy telling me his name and where he was from, then started to ask me id verification questions, i.e. ~"which bank do you use to pay your DD from?", which I refused to answer on the grounds that I don't answer those kinds of things to a cold caller.  He got more and more agitated, to the point where I asked for his name again, and for that of his supervisor.  It turns out the call was just about if I was having any issues with my service.  After I had finished on the phone I emailed CPW's Don Vito and I received a phone call from one his lackies a short while later saying they will investigate it and offering me 2 months free line rental.  No more cold calls since, strangely

[Greenbank]

It's not a "cold call" if they have a business relationship with you (i.e. you are a customer).

Annoying interruption yes, but it's not a cold call.

[Polar Bear]

Looking at the terms and conditions there's no problem as you essentially agreed to it.

"
17) TalkTalk will use the phone number entered into the availability checker to
contact you to discuss your broadband requirements.
"

These were available to view before you entered your phone number.

I googled Talk Talk and got this page ...

I don't see any terms and conditions prior to me being able to check - which I did.

Therefore I did not agree.   Terms and conditions have to be available to view before an agreement is entered into I believe.

[andygates]

T's and C's are worthless in the majority of cases.  That's an intrusive marketing call exploiting the user's data. 

If I was using that checker, and got called up afterward, I would not use that company.  I'd probably be quite rude to the droid, too.

[Polar Bear]

I've just re-checked and guess what ...

I use 800x600 resolution.  The checker comes up including the submit but, and this is key, the pale blue Terms and Conditions bit is out of my initial screenshot.   I didn't see them when I did the test, and I didn't see them first time I checked again today.

[Greenbank]

So the bit that says:-

"Check to see if you can get free broadband and you'll be entered into a prize draw to win home entertainment package worth £7000. Competition entrants will be contacted by TalkTalk to discuss your broadband requirements."

would have been visible (if it was there yesterday)....

[tiermat]

It's not a "cold call" if they have a business relationship with you (i.e. you are a customer).

Annoying interruption yes, but it's not a cold call.

The definition I prefer is that a cold call is one that is not requested, I did not ask them to call me, nor did I ask them to call me and be arsey when I refuse to answer their questions.  So yes it was a cold call.

[Polar Bear]

No.  What is visible is everything upto and including the first line of text below the Check Now button.   

[Greenbank]

No.  What is visible is everything upto and including the first line of text below the Check Now button.   

I think it's a little unfair to get arsey with Talk Talk for calling you about it. You didn't even have to click on the T&C link to see the bit that said they would. All you had to do was scroll down a few lines.

Unless you believe it's a conspiracy that TT have purposely designed the web-page so that this bit of text is not visible for the few people viewing it on a 800x600 display?

[Greenbank]

The definition I prefer is that a cold call is one that is not requested, I did not ask them to call me, nor did I ask them to call me and be arsey when I refuse to answer their questions.  So yes it was a cold call.

You're free to call it whatever you want, but that doesn't make it a cold call.

If you want to stop them calling you, register here:-

TPS Registration

Wait 28 days, and then tell them specifically that you object to them calling you for marketing purposes:-

"
Organisations with which you have an ongoing relationship, for example those who regard you as a customer, (or in the case of charities - a donor) may well gather your consent during the early stages of your relationship with them and will therefore be entitled to call you even if your number is registered on TPS, unless you have previously told them specifically that you object to them calling you for marketing purposes.
"

But note:-

"
As TPS registration only prevents marketing calls, organisations will still be able to call you for the purposes of genuine market research.
"

Complaining again and again may stop them calling you, but they are under no obligation to stop.

[Polar Bear]

No.  What is visible is everything upto and including the first line of text below the Check Now button.   

I think it's a little unfair to get arsey with Talk Talk for calling you about it. You didn't even have to click on the T&C link to see the bit that said they would. All you had to do was scroll down a few lines.

Unless you believe it's a conspiracy that TT have purposely designed the web-page so that this bit of text is not visible for the few people viewing it on a 800x600 display?

I wouldn't say it was purposely, rather carelessly.   I didn't need to scroll down, just see if they thought they could offer me broadband.   

I happen to believe that it is not reasonable to conduct telemarketing where people check to see if a service may be available.  The call evolved to we'll send you the information you have requested and transfer you in 21 days automatically unless you specifically tell us that you do not wish to proceed.   If that isn't a manipulative position then what is?   I declined.

[Greenbank]

I happen to believe that it is not reasonable to conduct telemarketing where people check to see if a service may be available.  The call evolved to we'll send you the information you have requested and transfer you in 21 days automatically unless you specifically tell us that you do not wish to proceed.   If that isn't a manipulative position then what is?   I declined.

True, and that's a pretty shitty trick to pull, well worthy of a complaint.

But my responses to the original point: "I think that it is a bit naughty to capture numbers and call back" still stand. They weren't trying to hide the fact that they would call you.