5 firms fined £435,000 for making nearly half a million unlawful marketing calls

5-firms-fined-£435,000-for-making-nearly-half-a-million-unlawful-marketing-calls

The Information Commissioner’s Office (ICO) has fined five companies a total of £435,000 for making nearly half a million unlawful marketing calls to people registered with the Telephone Preference Service (TPS).

The companies collectively made nearly half a million unlawful marketing calls, some of which appeared to be directed at elderly vulnerable people who had taken action to block the calls by registering with the TPS.

The companies were calling people attempting to make them sign up for white goods insurance, such as washing machine, kitchen appliance or boiler cover. In most instances, the callers already had or did not need the service. 

The ICO investigation also found, in some cases, the companies were deliberately targeting a specific demographic: including homeowners, over 60, with a landline. During the calls, there is evidence that some of the companies used apparent pressure tactics with a view to obtaining payment details from people.

Andy Curry, Head of ICO Investigations said:

“We are here to support legitimate companies who want to comply with the law. Earlier this week, we released updated direct marketing guidance to help those very businesses.

“However, we will not stop investigating and taking robust action against companies, to protect people and especially the vulnerable, where we find a blatant disregard for the law.

“The pressure tactics, and sometimes false or misleading statements these companies used were completely unacceptable. To be made to feel as though you have to hand over your bank details simply to get someone off the phone is nothing short of shameful, and that is why we have taken action against these companies.”

Details of the fines

Allapplianceservices UK Ltd (AUKL), based in Brighton, made 99,313 unsolicited direct marketing calls to people registered with the TPS between 1 January 2021 and 28 June 2021. AUKL came to the attention of the ICO via the Financial Conduct Authority. The ICO’s investigation found AUKL appeared to use pressure tactics during the calls insisting card details were given, with one person saying they “just wanted AUKL to go away” and so handed over their payment details. The ICO concluded the company contravened electronic marketing law in order to maximise turnover and profit. One of the complainants had reduced capacity as a result of a stroke, with a second having dementia. The ICO has fined AUKL £85,000.

Boiler Cover Breakdown Limited (BCBL), based in Sutton, Surrey made 9,075 unsolicited direct marketing calls to people registered with the TPS between 1 January 2020 and 31 August 2020. Boiler Breakdown Limited (BBL) also based in Sutton, Surrey made 348,724 unsolicited direct marketing calls to people registered with the TPS during the same time period. Both companies have the same Director, with phone lines rented by one company used by both businesses to make calls. The ICO’s investigation found calls were specifically targeted towards vulnerable people. The ICO has fined BCBL £120,000 and BBL £140,000. Both companies have also been issued with an enforcement notice demanding they comply with the law within 30 days. Both companies have appealed to the First-tier Tribunal against the ICO’s monetary penalty notices. 

Repair Plans UK Limited (RPUK), based in Brighton made 21,347 unsolicited direct marketing calls to people registered with the TPS between 18 January 2021 and 7 September 2021. RPUK came to the attention of the ICO via West Sussex Trading Standards. The ICO’s investigation found the company targeted a specific demographic, as they bought data which asked for people aged 60+, were homeowners and had a landline, and made false and misleading statements during their calls. Throughout the investigation the company failed to provide any details of their compliant marketing procedures and the ICO found at least one incident of £180 being taken unnecessarily from a person’s bank account. The ICO has fined RPUK £70,000 and issued an enforcement notice demanding the company comply with the law within 30 days.

Utility Guard Limited (UGL), based in Chichester, West Sussex made 1,932 unsolicited direct marketing calls to people registered with the TPS between 4 August 2020 and 28 July 2021. The ICO investigation found the company did not hold a TPS licence, were calling customers, some of which were designated by “trueCall” as vulnerable, and had taken money from a person who has dementia. The company showed a wilful disregard of the law and failed to respond to multiple enquiries from the ICO. The ICO has fined UGL £20,000 and issued an enforcement notice demanding the company comply with the law within 30 days.

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