ICO fingers two rogue energy firms for 'robo call' blitz

UK consumers are being warned to be on their guard over a new spate of so-called “robo calls” after two energy companies have been fined a total of £550,000 for unlawful automated marketing. 

Home Improvement Marketing (HIM), based in Pembrokeshire, has been whacked with a £300,000 penalty for automated calls and issued with an enforcement notice ordering it to stop its unlawful practices.

From May 31 2023 to August 31 2023, it was found that HIM used an overseas call centre that made 2.4 million automated calls on behalf of the company, resulting in 274 complaints to the ICO and the TPS.

Meanwhile, Green Spark Energy (GSE), based in Durham, has been hit with a £250,000 fine for making 9.5 million automated marketing calls. GSE has also been issued with an enforcement notice.

The 497 complainants about the GSE calls to the ICO and TPS included cancer patients and elderly people.

Both firms used an avatar software, which gave the call recipients the impression they were talking to “Jo, Helen or Ian” from the UK – but were in fact scripted lines recorded by voice actors and played by call agents abroad.  This is a contravention of the Privacy & Electronic Communication Regulations (PECR).

The companies previously shared a common director, Mathew Terry, who is currently the director of HIM and, until March 2024, was a director of GSE.

ICO head of investigations Andy Curry said the robo call technology – which is widely used in the US – is making it harder for the public to spot automated calls and report them to the regulator.

He added: “We’ve heard disturbing reports of how unscrupulous companies are using robo technology to fool elderly and vulnerable people. We understand how distressing these calls can be and will work on the public’s behalf to catch those responsible.

“We urge the public to take note of our tips to spot these robo calls so they can tell us when they’ve received one. This will help us investigate and take enforcement action.”