The Information Commissioner’s Office is continuing its battle against unlawful marketing calls by fining five companies based in the South East a total of £435,000 for calling hundreds of thousands of people registered with the Telephone Preference Service.
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.
One complainant said: “[The] person identified himself as ‘George’ and tried to persuade my mum (who took the call) to provide her bank details to give her a refund on her boiler warranty direct debit.
“She doesn’t have a direct debit and it’s a relatively new boiler so she was immediately suspicious, and the scammer hung up when she refused to provide her bank details. My mum is 85 years old and in lockdown, she was anxious about this call and wanted me to check if it was legitimate. A quick perusal online suggested this number is a serial offender regarding boiler warranty scams.”
First in the dock was Brighton-based Allapplianceservices UK, which made 99,313 unsolicited direct marketing calls to people registered with the TPS between January 1 2021 and June 28 2021. The firm came to the attention of the ICO via the Financial Conduct Authority.
The ICO’s investigation found Allapplianceservices appeared to use pressure tactics during the calls, insisting card details were given, with one person saying they “just wanted them to go away” and so handed over their payment details.
The ICO concluded the company contravened the Privacy & Electronic Marketing Communications Regulations (PECR) 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 the firm £85,000.
Next up was Sutton-based Boiler Cover Breakdown, which made 9,075 unsolicited direct marketing calls to people registered with the TPS between January 1 2020 and August 31 2020 and sister business Boiler Breakdown, which made 348,724 unsolicited direct marketing calls to people registered with the TPS during the same time period.
Both companies have the same director, Tony Copland, who is a director of four other firms, including another similarly named business UK Boiler Cover, and Get My Tax Back, Dr Alloy and Wireless Terminal Solutions.
The ICO investigation found that the phone lines rented by Boiler Cover Breakdown were also used by Boiler Breakdown to make calls, specifically targeted towards vulnerable people.
The ICO has fined Boiler Cover Breakdown £120,000 and Boiler Breakdown £140,000. Both companies have also been issued with an enforcement notice demanding they comply with the law within 30 days.
Both companies have already launched an appeal at the First-tier Tribunal against the ICO’s monetary penalty notices.
The fourth business is Brighton-based Repair Plans UK, which made 21,347 unsolicited direct marketing calls to people registered with the TPS between January 2021 and 7 September 7 2021.
Having been reported to the ICO by West Sussex Trading Standards, the regulator found the company also targeted a specific demographic, as they bought data which asked for people aged 60+, were homeowners and had a landline.
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 Repair Plans UK £70,000 and issued an enforcement notice demanding the company complies with the law within 30 days.
Finally, Chichester-based Utility Guard made 1,932 unsolicited direct marketing calls to people registered with the TPS between August 4 2020 and July 28 2021.
The ICO investigation found the company did not hold a TPS licence, was 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 Utility Guard £20,000 and issued an enforcement notice demanding the company complies with the law within 30 days.
ICO head of investigations Andy Curry 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.”
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