I received some unsolicited person-to-person phone calls from certain companies selling various types of products and services. Am I protected under the UEMO against this person-to-person telemarketing channel?

Ans: At this stage, the UEMO does not regulate person-to-person telemarketing calls. However, if your personal data, such as name and telephone numbers, are used by the sender, you may exercise your right under Personal Data Privacy Ordinance to ask the sender to cease to use your personal data for direct marketing purpose. If the sender continues to send you promotional message, you may complain to the Privacy Commissioner. For more information, please refer to the website of the Office of the Privacy Commissioner for Personal Data.

How should I handle commercial electronic messages sent to my email addresses?

Ans: First of all, you should be cautioned about the sources of emails. If the emails seem dubious, such as, the senders or subject lines look suspicious, it would be better to delete them immediately. Do not reply to these dubious emails or use the unsubscribe facility in these messages as this action would confirm that your email address is a valid one. You can also use filtering software to block or screen out unsolicited emails.

What types of electronic addresses can be added to the do-not-call registers? How can I register my electronic address?

Ans: You can register your phone, fax and SMS/MMS numbers in do-not-call registers to notify all senders of commercial electronic messages that you do not wish to receive such messages via these channels. For details of the registration method and schedule of registration, please refer to the page of do-not-call registers.

After adding my phone, fax, SMS/MMS numbers to the do-not-call registers, I still receive commercial electronic messages through these channels. Have the senders contravened the UEMO?

Ans: According to the UEMO, commercial electronic messages must not be sent to electronic addresses listed in the do-not-call registers after 10 working days from the registration. If senders contravene the rule, you can report the case to OFTA.

Before reporting the contravention, you should check whether you have previously provided a consent to the senders. If the senders have obtained your consent, they can still send commercial electronic messages to you even if you list your electronic addresses in the do-not-call registers. If you do not want to receive such messages from these senders in the future, you need to withdraw your consent previously given to such senders.

If I have made an unsubscribe request to the sender but I still received commercial electronic messages from such sender, could I report the contravention to OFTA?

Ans: According to the UEMO, the sender must cease sending any further commercial electronic messages to the recipient within 10 working days from the day on which the unsubscribe request is sent. If the sender does not honour your unsubscribe request within 10 working days, you can report the case to OFTA.

Will I be protected under the UEMO when I am abroad and using mobile roaming services?

Will all pre-recorded voice messages promoting goods or services be banned?