Sales leads might be the bread and butter of your average sole trader, but one Newcastle man appears have been feasting on a giant banquet after being fingered for making 194,000 marketing calls to people registered on the Telephone Preference Service to drum up business.
The calls from Darian Bishop, trading a Eco4U, related to grants for new boilers and solar panels, with the inference made that he was connected to a Government scheme. Many were threatening.
While it is not known whether he outsourced the work, according to the Information Commissioner’s Office, all calls originated from the same phone number.
The regulator first became aware of Bishop during wider enquiries relating to an increase in complaints received about the energy and home improvement sector. An investigation began in October 2023 after the ICO and TPS received 21 complaints.
Bishop maintained he received valid consent after people completed an application form via a Facebook advertisement. A sample of complainants were contacted during the investigation, all of whom confirmed that either they did not complete an application form or they did not use Facebook.
The ICO concluded Bishop was aware of the rules surrounding the making of marketing calls: he confirmed he knew about the relevant law.
Even so, one complainant said: “Reminded caller about TPS scheme to which I belong. Was asked did I pay for it and there’s no such thing and it doesn’t work. I stated I would be reporting this cold call and was told I was being awkward, and the caller hung up. This is an invasion of my privacy again.”
Another wrote: “Think he said calling from government company. Asked for me by name. When I said I wouldn’t do anything over the phone he was asking if he had the right address and would send someone tomorrow. So very threatening.”
The ICO said Bishop was previously investigated in 2015 for making persistent sales calls and misleading people into believing they would receive a free boiler under the ‘Green Deal’ scheme.
The regulator found Bishop did not provide enough information to enable people to understand who they were receiving calls from, nor did he take reasonable steps to prevent non-compliance with the law.
Bishop received a monetary penalty of £50,000 for breaching the Privacy & Electronic Communications Regulations (PECR) and an enforcement notice.
ICO group manager Catherine Sankey said: “Feeling threatened or abused in your own home, simply because you picked up your phone, will never be acceptable.
“Our investigation clearly showed this individual was fully aware of the law in relation to making marketing calls yet went ahead and made them anyway.
“Our fine shows that we will hold all those who flout the law to account, from sole trader to larger companies employing a number of staff, and should act as further warning that we continue to pursue and fine companies who choose to ignore the law in pursuit of financial gain.”
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