The Motor Accident Solicitors Society has called for an extension of the ban on unsolicited texts and cold calls to both sides of the claimant/defendant divide.
This article first appeared in Postonline, 20th November 2015
Responding to the Ministry of Justice review of claims management regulation, which closed last week (13 November), MASS argued that solicitors have long been banned from making unsolicited texts and calls, but there is strong anecdotal evidence that data is mined and sold by a variety of organisations across the personal injury sector, including insurers, price comparison websites, garages, car hire companies, towing companies and marketing/survey companies.
On the future regulatory structure, MASS believes the claims management company regulator should be independent of a government department and self-financing from the sector itself.
This follows the Association of British Insurers’ call for the Financial Conduct Authority to take on responsibility for regulating the CMC sector.
The call for a blanket ban on unsolicited communications was just one of a number of actions suggested by MASS in its submission to the claims management review, including making it tougher to set up a CMC, a stronger regulatory regime and better enforcement of existing data protection and privacy legislation.
Sue Brown, chair of MASS, said: “Clearly the time has come for a blanket ban across the claims industry. The piecemeal selection of individual sectors is simply not preventing the kind of nuisance calls and texts that so irritates the public – and the legal sector itself.
“Overall, the Claims Management Regulator has done a decent job given its powers and budget. We would like it to operate independently going forward, but whatever the outcome of the review, it must have the tools and budget to combat the unwelcome scourge of nuisance calls and texts that is undoubtedly directly encouraging some fraudulent activity.”