35. Cold calling about claims management services
(1) The Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426) are amended as follows.
(2) In regulation 21 (calls for direct marketing purposes), after paragraph (5) insert -
"(6) Paragraph (1) does not apply to a case falling within regulation 21A."
(3) After regulation 21 insert -
"21A Calls for direct marketing of claims management services
(1) A person must not use, or instigate the use of, a public electronic communications service to make unsolicited calls for the purposes of direct marketing in relation to claims management services except in the circumstances referred to in paragraph (2).
(2) Those circumstances are where the called line is that of a subscriber who has previously notified the caller that for the time being the subscriber consents to such calls being made by, or at the instigation of, the caller on that line.
(3) A subscriber must not permit the subscriber's line to be used in contravention of paragraph (1).
(4) In this regulation, "claims management services" means the following services in relation to the making of a claim -
(a) advice;
(b) financial services or assistance;