Data Collection for Compensation Claims - Compensation Act 2006 and Compensation (Regulated Claims Management Services) Order 2006: Frequently Asked Questions
 What do the Act and the Order cover?
 The Compensation Act 2006 provides the statutory framework for the regulation of claims management activities. The legislation applies to claims made for compensation in relation to personal injury, criminal injuries compensation, industrial injuries disablement benefit, employment matters, housing disrepair and financial products and services (including refund of bank charges).
Almost any activity in relation to claims, from simply referring claims through to representing clients, is covered.
How could researchers be affected?
Authorisation for the following activities, amongst other things, is now required:
(a) advertising for, or otherwise seeking out (for example, by canvassing or direct marketing), persons who may have a cause of action;
(b) referring details of a claim or claimant, or a cause of action or potential claimant, to another person.
It is possible that clients such as solicitors firms may buy space on omnibus or financial research projects to collect this information or may engage fieldwork agencies to build a database of potential claimants. Depending on the contractual relationship, either the agency or their client must have prior authorisation from the regulator, or be exempt from the Act.
Additionally, cold calling in person for such purposes is prohibited. Any other cold calling (by telephone, email, fax or text) must be in accordance with the Direct Marketing Association’s Direct Marketing Code of Practice (http://www.dma.org.uk/content/Pro-Code.asp) . Any face to face contact initiated by the claims management businesses is cold calling in person. This includes knocking on doors and approaching people in the street or shopping centres, including what the regulator refers to as “clipboarding”. It is permissible to have a booth or stand in a shopping centre or exhibition as long as the people manning it do not attempt to make the first contact.
Where can I find more information?
The website www.claimsregulation.gov.uk provides the full text of all the legislation, guidance notes, and details of the authorisation process.
|
Site Map
