In response to the news that the Telephone Preference Service is to move from The Office of Communications (Ofcom) to the Information Commissioners’ Office, the Law Society, the Association of Personal Injury Lawyers (APIL) and the Motor Accidents Solicitors Society (MASS) are warning that a complete ban on cold calling for personal injury claims is essential to protect consumers and prevent unscrupulous operators from finding a way around existing rules. They have warned that the change was a missed opportunity to tackle the problem of nuisance calls, unsolicited and unwanted marketing messages, plus spam texts for personal injury.

The solicitor groups have insisted that until there is a ban, unscrupulous operators will find a way around the rules, which are opaque and difficult to navigate. The government, meanwhile, is claiming that there are too many ‘fraudulent and exaggerated’ whiplash claims and are proposing to abolish or reduce compensation for all personal injury claims worth £5000 and under, rather than focusing on fraudulent claimants.

Law Society president Robert Bourns said:

“The Law Society believes the practice of cold calling used by some claims management companies should be banned.

“Cold calls are widely regarded as intrusive and some pressurise people to make personal injury claims including claims for whiplash injuries.

“In the worst cases, callers encourage people to claim in respect of accidents where no injury has occurred. Rather than trying to abolish or reduce compensation for the vast majority of genuine claimants, the government should take firm action to end the activities of cold callers who seek to profit from bogus or exaggerated claims.”