For real time promotions, can ‘express requests’ for a call or visit be passed to other firms?
An express request for a real time promotion is not transferable from the firm obtaining it to any other firm, unless the consumer has expressly agreed to a named third party contacting them. To be solicited, the consumer must initiate the communication or expressly request the firm to contact them. In contrast to the ability to call an established existing customer, the consumer must positively opt-in to satisfy the definition of ‘express request’. Also, for a request from a consumer for a real time promotion to be ‘express’ it must be definitely stated. The consumer must be aware that their agreement will result in a call or visit from a firm to discuss qualifying credit, and know which firm is likely to call or visit. The consumer will not have given an express request for a real time promotion if the name of the firm that will be in contact is not disclosed. Therefore, ‘blanket’ express requests are not acceptable. Where, for example, market research agencies or lifestyle questionn
