Press Release

"Missed Call" Tactic subject to the Regulation of the Unsolicited Electronic Messages Ordinance (UEMO)

In response to media reports today (10 April 2008) about telemarketers trying to circumvent the UEMO by using the "missed call" tactic, the Office of the Telecommunications Authority (OFTA) would like to remind the telemarketing industry and commercial message senders that the practice of using such tactic to deliver pre-recorded telemarketing telephone messages can be subject to the regulation of the UEMO.

"Reports have been received that some telemarketers deliberately leave missed calls by hanging up within one or two rings. When the called parties call back the numbers left on their phones, the telemarketers will then automatically play pre-recorded telemarketing telephone messages. This kind of tactic can be subject to the regulation of the UEMO and whether a breach of the provisions of the UEMO has been committed would depend on the facts of the case," an OFTA spokesperson said.

"Pre-recorded telephone messages must comply with the rules for sending commercial electronic messages stipulated under the UEMO. For example, the sender information and an "unsubscribe" facility should be provided for in the pre-recorded message. Furthermore, telemarketers should ensure that they do not make calls to numbers which have been registered onto the Do-not-call Register for pre-recorded telephone message," the spokesperson supplemented.

Members of the public who have received unsolicited electronic commercial messages without sender information and "unsubscribe" facilities may report to OFTA. Those who have registered their telephone or fax numbers onto the Do-not-call Register but are still receiving unsolicited commercial fax, SMS or pre-recorded messages may also report to OFTA. The reporting form can be obtained at OFTA's web site (www.ofta.gov.hk/en/uem/main.html) or by calling 2961 6333.

Since the full commencement of the UEMO on 22 December 2007, OFTA has received around 2,000 reports of suspected contravention of the UEMO. Upon approach by OFTA, most complained senders are willing to cooperate and take remedial actions immediately. To date, OFTA has issued 15 warning letters to commercial electronic message senders.

"If the complained sender is uncooperative and the Telecommunications Authority (TA) is of the view that the contravention will likely continue or be repeated, the TA may issue an enforcement notice to the concerned sender requiring him to take steps to remedy the contravention. A person who contravenes an enforcement notice served on him commits an offence and is liable on a first conviction to a fine up to HK$100,000, and on a second or subsequent conviction to a fine up to HK$500,000. To date, no enforcement notice has been issued," the spokesperson explained.

For more information about the UEMO, please visit OFTA's website at http://www.ofta.gov.hk/en/uem/main.html.

Office of the Telecommunications Authority
10 April 2008