Ofcom believes the proportion of silent calls made by Kitchens Direct owner MKD Holdings is excessive and has issued a formal notification of "persistent misuse" to the company, which could result in a fine of up to 拢5,000.
MKD has until the end of May to answer the charge. An Ofcom spokesman said the regulator was very close to fining the company and that its lawyers were looking at ways in which the 拢5,000 amount could be increased, for example for levying a 拢5,000 fine for each instance of a breach.
Ofcom opened its second investigation into the company after it saw in MKD's previous compliance report for September and October 2004 that silent calls were in excess of 5% on certain phone numbers on certain days, contrary to written commitments from the company.
Ofcom has also required the company to continue to provide compliance reports on a monthly basis to show that the proportion of silent calls it makes does not exceed 5% of all calls, for each outgoing number, over any 24-hour period.
The 5% figure is the ceiling that Direct Marketing Association guidelines stipulate for the proportion of silent calls to all telemarketing calls.
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