CLARIFICATION OF SCOPE
Payment Services and Electronic Money
Where regulated entities are providing payment services and/or issuing electronic money, only Provisions 3.1, 3.17 to 3.23 and 3.28 to 3.45 apply
PERSONAL VISITS (3.37 - 3.39)
A regulated entity must not make an unsolicited personal visit, at any time, to a consumer who is an individual.
A regulated entity may only make a personal visit to a consumer who is an individual if that consumer has given informed consent to being contacted by the regulated entity by means of a personal visit. A regulated entity must obtain informed consent separately for each personal visit and must maintain a record of this consent.
In order to comply with Provision 3.38 above, a regulated entity must have obtained the informed consent of a consumer who is an individual in relation to:
- the purpose(s) for which a personal visit is to be made, including in the case of sales and marketing, the types of product to be discussed during the personal visit, and
- the time and date for the personal visit.
TELEPHONE CONTACT (3.40 - 3.43)
A regulated entity may make telephone contact with a consumer who is an existing customer, only if:
- the regulated entity has, within the previous twelve months, provided that consumer with a product or service similar to the purpose of the telephone contact;
- the consumer holds a product, which requires the regulated entity to maintain contact with the consumer in relation to that product and the contact is in relation to that product;
- the purpose of the telephone contact is limited to offering protection policies only; or
- the consumer has given his or her consent to being contacted in this way by the regulated entity.
A regulated entity may make telephone contact with a consumer other than an existing customer, only if:
- the consumer has signed a statement, within the previous twelve months, giving the regulated entity permission to make telephone calls to him or her for specified purposes and the contact is in respect of such specified purposes;
- the consumer has a listing in the business listing section of the current telephone directory, classified telephone directory or in trade/professional directories circulating in the State and the contact is made via the business telephone number;
- the consumer is a director of a company, or a partner in a firm with an entry in one of the directories listed in b) above and contact is made via the busines telephone number of the company or firm in question and is in connection with their role as director of the company or partner in the firm;
- the consumer is the subject of a referral for which the consumer has provided express consent, received from an entity authorised to provide financial services in Ireland, another entity within the same group, a solicitor or a certified person; or
- the purpose of the contact is limited to offering protection policies.
In relation to d) above, such a referral must be followed up by an indication to the consumer by the regulated entity that the referral has been made and asking for consent to proceed.
A regulated entity must ensure that, where it makes a telephone contact on foot of a referral, it retains a record of the referral.
Telephone contact, made in accordance with this Code, may be made only between 9.00 a.m. and 9.00 p.m. Monday to Saturday (excluding bank holidays and public holidays), unless otherwise agreed with the consumer.
PERSONAL VISITS AND TELEPHONE CONTACT (3.44 -3.45)
When making a personal visit or telephone contact in accordance with this Code, the representative of a regulated entity must immediately and in the following order:
- identify himself or herself by name, and the name of the regulated entity on whose behalf he or she is being contacted and the commercial purpose of the contact;
- inform the consumer that the telephone contact is being recorded, if this is the case;
- where relevant, disclose to the consumer, the source of the business lead or referral supporting the telephone contact; and
- establish if the consumer wishes the personal visit or telephone contact to proceed and, if not, end the contact immediately.
A regulated entity must abide by a request from a consumer not to make a personal visit or telephone contact to him or her again for sales and marketing purposes and this request must be recorded by the regulated entity.