ICO takes action over predatory marketing calls targeting vulnerable people
The Information Commissioner’s Office (ICO) has announced fines totalling £405,000 to five companies responsible for over 750,000 unwanted marketing calls targeted at older, vulnerable people and has issued these companies with enforcement notices that require them to immediately stop making the predatory calls.
After receiving complaints from the public and information from partner organisations, including Action Fraud, Trading Standards, the consumer group Which? and the call blocker provider trueCall, the ICO began investigating a number of companies that were calling people to sell insurance products or services for white goods and other large household appliances, such as televisions, washing machines and fridges. Many of the complainants said the people receiving the calls were vulnerable, with some suffering with dementia or other underlying health conditions.
The ICO investigation found that these companies were deliberately targeting older people by buying marketing data lists from third parties, specifically asking for personal information about people who are aged 60 and over, homeowners and with landline numbers.
The GDPR exists to place legal obligations on the control and processing of personal (and sensitive) data by businesses, organisations and the government. This legislation governs how personal information can be used by applying a number of principles that must be followed, which state that the processing of people's personal data should, whatever their nationality or residence, respect their fundamental rights and freedoms, in particular their right to the protection of personal data.
The ICO’s evidence suggests these companies were either working together or using the same marketing lists. The practice resulted in some people losing thousands of pounds for white goods insurance and servicing, which the companies often knew they did not need.
John Edwards, UK Information Commissioner, said:
“These are unlawful predatory marketing calls that were targeted at some of the most vulnerable members of our society and driven purely by financial gain. It is clear from the complaints we received that people felt frightened and distressed by the aggressive tactics of these companies, sometimes giving their financial details just so they could hang up the phone. This is unacceptable and clearly exploitative. It is only right that we take tough and prompt action to punish those companies responsible using our full powers.
“Companies making similar nuisance calls and causing harm to people can expect a strong response from my office. I encourage anyone who is being pestered by other rogue operators, or knows a family member or friend who is, to report them to the ICO and we will step in to protect the public from these invasive calls.”
- Domestic Support Ltd (DSL) made 69,133 unwanted marketing calls to people registered with the Telephone Preference Service (TPS – a register of people who have said they don’t want to receive marketing calls) between January 2020 and July 2020. Complaints received suggest that DSL was providing different trading names when calling people, which is also unlawful. The company has been fined £80,000 and issued with an enforcement notice.
- Home Sure Solutions Ltd (HSSL) made 229,483 unwanted marketing calls to people registered with the TPS between March 2020 and September 2020. HSSL was quoted a price by a third-party provider for personal information of UK homeowners, aged 60+ and with landline numbers, which shows they were deliberately targeting older people. The company has been fined £100,000 and issued with an enforcement notice.
- Seaview Brokers Ltd made 4,737 unwanted marketing calls to people registered with the TPS in June 2020. Seaview purchased the data book from another company without reviewing evidence of consent for direct marketing or carrying out due diligence. The company has been fined £15,000 and issued with an enforcement notice.
- UK Appliance Cover Ltd made 39,167 unwanted marketing calls to people registered with the TPS between June 2020 and December 2020. Complaints received suggest that the company was targeting vulnerable people for financial gain. Complainants also said the callers were aggressive and threatening. The company has been fined £100,000 and issued with an enforcement notice.
- UK Platinum Home Care Services Ltd made 412,556 unwanted marketing calls to people registered with the TPS between March 2020 and October 2020, resulting in more than 50 complaints being made. The company has been fined £110,000 and issued with an enforcement notice.
The ICO is continuing to investigate a number of other companies – in addition to the five fined – that appear to be operating in the same way.
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