The 25-year war on nuisance callers has claimed two more scalps, with two Greater Manchester-based companies fined a total of £290,000 and issued with enforcement notices after they were found to have made millions of nuisance calls to people on the TPS, attempting to sell them life insurance and debt management solutions.
Breathe Services, a debt advice company based in Bolton, first came to the attention of the Information Commissioner’s Office as part of a wider investigation into complaints received about unsolicited phone calls to potentially vulnerable individuals.
In a failed attempt to hide its real identity, Breathe Services was found to have spoofed its outbound phone number by presenting over 1,000 different telephone numbers on calls.
In March 2023, the ICO carried out a search at the firm’s office in Bolton, seizing evidence including documents and electronic devices.
The investigation revealed that between March and July 2022 and October and December 2022, Breathe Services bombarded people with 4,376,037 unsolicited direct marketing calls to numbers that had been registered to the Telephone Preference Service. This resulted in 58 complaints to the TPS and a further 193 complaints to the ICO.
The types of complaints received stated: “[They] kept saying they can help with my debt. I advised them I keep receiving calls and it’s making me feel suicidal […] I receive these calls from the same company every single day, sometimes three or four times a day.”
Another said: “I’ve asked the company every day for three weeks to remove my number […] and they still call every day! I am disabled and suffer with extreme anxiety and they will not leave me alone after weeks of begging!”
A third stated: “The harassment has been ongoing for months. It has been incredibly annoying and stressful.”
During the investigation, the regulator found that Breathe Services had deliberately tried to conceal its actions as well as ceasing to cooperate with the ICO. As a result of this unlawful behaviour, the company has been fined £170,000 fro breaching the Privacy & Electronic Communications Regulations (PECR).
During the same wider investigation into unsolicited marketing calls, a second company was identified: Money Bubble, a financial advice company based in Oldham.
It was found that between October and November 2022, the company made 168,852 spam calls, resulting in several further complaints being made to the ICO and TPS. Money Bubble did not provide evidence that anyone whose number had been called had consented to receiving calls from the company. It has been slapped with a £120,000 fine, also under PECR.
ICO interim director of investigations Andy Curry said: “This is appalling behaviour by both companies, causing people distress, upset and anxiety. People registering with the Telephone Preference Service do so specifically to avoid these types of calls. I hope the fines that have been issued demonstrate that we will take action against rogue companies.
“A reputable company knows its legal obligations, accesses support and guidance from the ICO, and respects the role of the TPS and those who sign up to it. Both Breathe Services and Money Bubble ignored the measures which are in place to protect people’s privacy, showing complete disregard to all those that registered with the TPS.
“The enforcement action we have taken should act as a warning to any other organisation considering operating in a similar way.”
Worringly, Decision Marketing recently revealed that, complaints to the ICO have increased again. In fact, there have been 71,639 filed under PECR from January to October this year, averaging out at over 233 complaints every day of the year so far. If this trend continues, there will be a total of over 86,000 by the end of 2024.
This would represent a significant increase on 2023’s figure of 75,349 complaints and 2022’s 56,015, although the latter was described at the time as a “freak reduction”. You have to go back to 2021 to find more complaints, when Covid rogues pushed the level up to 118,009.
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