The Information Commissioner’s Office has proved it is not only interested in the rogue telemarketing “big boys” after slapping a £200,000 fine on one Carmarthenshire sole trader for sending almost one million spam texts about debt solutions and energy saving grants.
Bharat Singh Chand, until recently living in Burry Port, has also been issued with an enforcement notice ordering him to stop sending marketing messages without the appropriate consent. Chand has appealed the ICO’s decision.
Chand came to the ICO’s attention through several previous investigations, most recently one into Daniel George Bentley, who was sending texts on behalf of Chand and providing advice about using a SIM farm – a technical device capable of holding multiple SIM cards to send hundreds of text messages in quick succession.
The ICO’s investigation also found Chand used evasion tactics, such as giving false company names in follow-up calls.
Complainants said the messages did not contain a website address, or any information as to the identity of the sender, but invited recipients to ‘reply YES’ to find out more.
The regulator has even published one example of the messages: “Finding it hard to pay your Debts/Bills see if you can apply to write them off and freeze interest/ charges reply YES.”
Several recipients replied ‘YES’ to the messages in an attempt to identify the sender and the source of their data. They subsequently received phone calls from a company calling itself ‘The Debt Relief Team’, which they reported to the ICO and the Telephone Preference Service.
On June 11 2024, the ICO carried out a search warrant on Chand’s then home address in Burry Port, where Chand denied any involvement in the marketing of green energy schemes, despite a call script being on open display.
Evidence also included WhatsApp messages discussing excuses to provide to another related ICO investigation. In one conversation, Chand appears to encourage another person to lie in response to the ICO’s investigation letter: “Ok pal, say you had an employee who was sourcing leads from an offshore centre without you knowing to get more commission but you sacked him when you found out.”
The regulator concluded that between 3 December 3 2023 and July 3 2024, Chand knowingly and deliberately transmitted or instigated the transmission of 966,449 text messages without valid consent, breaking direct marketing rules. This resulted in 19,138 complaints via the 7726 spam reporting service.
ICO head of investigations Andy Curry said: “These text messages not only caused a nuisance to many thousands of recipients, but were clearly targeted at people who are at greater risk of harm; such as those facing financial hardship.
“Chand showed blatant disregard of the law and attempted to mislead the ICO during our investigation. We’ve taken action to protect the public from the stress and misery these messages can cause.
“I would urge anyone who receives spam texts to report them to the ICO, or forward them to 7726, so we can investigate and take robust action against offenders.”
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