16th December 2009

Case Reference Number **********

Dear **********

Thank you for your correspondence dated 29 September 2009 regarding the receipt of unsolicited automated telephone calls from the National Wills Association. Please accept my apologies for the delay in replying to you, our office is currently dealing with large volumes of work. This has meant that we have been unable to deal with incoming correspondence as promptly as we would like.

The Information Commissioner advises on and enforces the Privacy and Electronic Communications Regulations 2003 (the Regulations). These Regulations cover the way organisations market subscribers by electronic means (for example using telephone, fax, text and email). Marketing can include the promotion of goods, services, aims or ideals.

Regulation 19 of the Regulations does not allow unsolicited automated marketing telephone calls to be made to a number without the subscriber’s prior consent.

Unfortunately, on this occasion, the Information Commissioner’s Office has been unable to identify the organisation that called you. In order to identify a caller we rely heavily on the information provided by individuals in their complaint. Where an individual cannot provide enough details about the identity of the caller, we are usually unable to take up the complaint.

Finally, if you receive a ‘live’ telesales calls to a Telephone Preference Service (TPS) registered phone number, or an automated marketing call that you have reason to believe comes from an identifiable UK source then you can access our complaint form from our website www.ico.gov.uk under Complaints  or by contacting our helpline on 08456 306060, or 01625 545745 if you would prefer to call a national rate number. We have designed the form to provide us with the specific information we need to investigate your complaint. If you do complete a form please return the form to us quoting the reference number at the top of this letter.

Please accept our apologies that the Information Commissioner’s Office could not be of more assistance to you on this occasion. However I hope this has been helpful in explaining the situation.

Yours sincerely,