News: 1647517509

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Brit data regulator fines five cold-calling fiends £405k

(2022/03/17)


Five British companies are collectively nursing a £405,000 fine from the UK's data watchdog for making a combined total of 750,000 unsolicited marketing calls targeting vulnerable elderly people.

The Information Commissioner's Office (ICO) was alerted to the quintet's dodgy dealings after receiving complaints from the public and information from Action Fraud, Trading Standards, consumer rights group Which?, and call block provider trueCall.

All of the calls were made to people registered with the Telephone Preference Service (TPS), meaning it is illegal for marketeers to ring those numbers unless specific consent is provided.

[1]

The offending businesses were selling insurance products or services for white goods and other household appliances. Some deliberately targeted older folk, buying marketing lists that contained data on people aged 60 and over.

[2]

[3]

The list of shame includes West Sussex-based Domestic Support Ltd, fined £80,000 for 69,133 unwanted marketing calls between January and July 2020. Complaints suggested it was using multiple trading names, which is also illegal.

Home Sure Solutions in East Sussex was slapped with a £100,000 penalty for 229,483 calls in June 2020. It deliberately sought out people over 60 with landline numbers, and bought personal data "without carrying out due diligence" to the way it was collated, the ICO said.

[4]

Among the others was Seaview Brokers, also from West Sussex, which made 4,737 calls to TPS members in June 2020. It was fined £15,000 after buying data lists without looking for evidence of consent for direct marketing. UK Appliance Cover, based in London, made 39,167 calls in the six months to the end of 2020. The ICO said complaints received indicated it was "targeting vulnerable people for financial gain," the callers were "aggressive and threatening," and there was no evidence that the services being offered were even being provided. The company was fined £100,000.

[5]Ireland: Meta fined $18.6m for breaking EU's GDPR

[6]Brave takes the spring out of creepy bounce tracking

[7]UK criminal defense lawyer hadn't patched when ransomware hit

[8]Welsh home improvement biz fined £200,000 over campaign of 675,478 nuisance calls

UK Platinum Home Care Services, also located in England's capital city, hit dial 412,556 times between March and October 2020. It also bought data specifically on people aged between 60 and 80, and was fined £100,000.

The ICO said that according to the evidence gathered, the companies were either colluding or using the same marketing list to hit their marks. Sadly "this resulted in some people losing thousands of pounds for white goods insurance and servicing which the companies often knew they didn't need."

A triumphant John Edwards, Information Commissioner, said in a canned statement: "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." ®

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[1] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YjNpQsVStxc40tk0LBlm6wAAAMw&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YjNpQsVStxc40tk0LBlm6wAAAMw&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YjNpQsVStxc40tk0LBlm6wAAAMw&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YjNpQsVStxc40tk0LBlm6wAAAMw&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[5] https://www.theregister.com/2022/03/16/meta_gdpr_fine/

[6] https://www.theregister.com/2022/03/09/brave_bounce_tracking/

[7] https://www.theregister.com/2022/03/15/brit_solicitor_fined_for_failing/

[8] https://www.theregister.com/2022/02/03/ico_home2sense_fine/

[9] https://whitepapers.theregister.com/



cantankerous swineherd

who was selling the lists and where did the info come from?

Alumoi

Everybody and his dog. What planet are you living on?

m4r35n357

Don't act so helpless. The company knows where it comes from. Just a matter of detective work . . . if there is a will.

Alumoi

To all my downvoters:

What's the matter with you? Do you really believe that there's a company out there who hadn't already/will /is tihinking about selling your info to the highest bidder? If Google/Microsoft/Facebook/Apple/your ISP/cell provider is doing it, why won't they?

After all, there are a lot of (state-backed) hackers who will breach their database if there's too much public uproar.

Alan Mackenzie

Oh, here we go again. :-( What's the betting that these "firms" will go bankrupt, failing to pay the fines, and then they will start up again, very soon, with new names and the same (lack of) faces?

These people were intimidating the old and vulnerable, according to the report. Why do they not receive prison sentences?

Doctor Syntax

What's the betting that these "firms" will go bankrupt

Which is why I advocate a PAYG (for the callers) of compensating the callee. Dial 1461 or similar and receive as small fee for taking the call, greater if you're TPS registered, taken from the caller's account. The going bankrupt before paying up trick becomes a matter for the telco's credit controllers who won't let big bills rack up.

Yes, it would require some monitoring to stop the bright spark who tries to get money from anyone who calls him regardless of who it was.

An yes, it would take some work and expense upfront by the telcos to set up the required systems. In fact, if OFCOM started proposing this I think the telcos would manage to solve this so far insoluble problem fairly quickly.

Anonymous Coward

I think the telcos would manage to solve this so far insoluble problem fairly quickly

Dream on. Who makes the most money from these spam calls? I'll give you a hint. It's not the scumbags that make the calls (and have to pay for them).

Expecting the telcos to end phone spam is as realistic as the junk food business solving the obesity problem.

AndersH

I fear you're right. UK Platinum Home Care Services Limited for example had net assets of £5.6k based on their last micro accounts (Feb 2021). The remedy would appear to be for directors to be disqualified, but it's a rare occurrence (in general). I've no idea if it's something the ICO could push for. (Yugashen Govender, one of the directors of the above company, setup another in April 2021 called Xtreme Appliance Cover Limited, I think we can guess the business model...)

Anonymous Coward

"The remedy would appear to be for directors to be disqualified"

Nope. A disqualified director can carry on as before without needing to be a director of their spam company. Or they could appoint their pet goldfish or whatever to replace them as a director.

The only remedies for these scumbag spammers are asset seizures, meaningful fines and jail time.

GlenP

I believe the ICO has been able to recover fines directly from the Directors since 2018. No doubt they'll all have tried to move or hide their assets but that doesn't work either these days.

Alan J. Wylie

[1]TPS News - Making company directors personally liable

This means that the ICO could hold individual directors to account where the company fails to pay the fine or is placed into liquidation; and where the individual is no longer in a senior position, for example through resignation.

[1] https://www.tpsservices.co.uk/tps-news/2018/12/17/directors-can-now-be-held-liable-for-up-to-500000-for-nuisance-calls-and-texts.aspx

Alan Brown

Underscoring the point that "Limited liability" only protects SHAREHOLDERS, not Directors

Company Directors have never been shielded from personal liability for knowingly engaging in unlawful activity

Anonymous Coward

Although this is true, I doubt any director has ever faced a UK court for knowingly (or unknowlingly) engaging in criminal activity.

fidodogbreath

TPS News

Did they use the new cover sheet on the TPS report, though?

Anonymous Coward

What do you mean? Only 74% remains uncollected. That's a 26% collection rate. Amazing.

oiseau

Why do they not receive prison sentences?

Because money-to-regulators, govt. contacts, too much hassle to get a proepr conviction, loopholes in the law, etc.

And the fact that, at worse, there'll always be a patsy at hand.

You have to hit where it hurts most: their pockets.

But *not* for the offending companys' assets which may be worth nothing or not enough.

Make for very high fines and into law that you can go first after the directors' and then the shareholders' own money/assets.

You make money directly or indirectly from this type of scam?

Sorry mate, but it is going to cost you all you have.

And then some more.

ie: lifetime ban from any post in any company in the UK or foreign subsidiary.

£405k is an absurd pittance compared to the amount of money these scumbags make with these schemes by selling people's data.

But if you dig deep into directors' and shareholders' stash (ie: BOTH the sellers and recipients of the stolen data), this type of thing will stop happening in less than a week.

Regulators have to be as ruthless as the perpetrators but ...

... I fear that there's far too much money involved for that to happen.

O.

Still at it

LenG

I had a call this morning from someone telling me the extended warranty on my washing machine had expired and they were ringing to renew it. I found this strange since I never take out extended warranties in the first place and I declined immediately. However, I'm pretty sure the woman said she was from Appliance Cover. Fortunately, although elderly, I am not particularly vulnerable (except to physical violence)

SImon Hobson

Interesting that the rates have gone up. Previously we'd be moaning about how it would have fallen under "cost of business" at point-something of a penny per call. Some of those fines are into several pound per call territory and that's guaranteed to wipe out any profit.

That's if the fines are enforced that is.

750,000 unsolicited marketing calls

Pascal Monett

And that makes for only a £405,000 fine ?

It should be a £750,000 fine at the very least, with bankruptcy guaranteeing you'll never be a manager of a company in the UK again.

Come on, guys, it's high time you started fixing that shit.

Puzzled

hoola

My mobile number is clearly on a list that has been resold a number of times recently.

I am constantly plagued by calls at the moment that if you do pick up are silent until somebody answers the automatic dialler at the other end. I have no idea how accurate the Google "Potential Spam Caller" is but at the moment, if that comes up I just leave it. Many are from the same number group. I am guessing that all the numbers are actually fake.

My assumption at the moment is that even if you answer the call but it is silent, the dialler knows the phone number is active so does not toss it.

How many "failed to answer" are needed to make it give up (if this is even a possibility) I don't know.

Then we have the automated calls telling me that my Amazon account or some such thing has been compromised or order delayed.

Filippo

It's good that the companies get fined. But it won't solve the problem. A company can go bankrupt and get restarted comparatively easily and with very little suffering for those responsible.

I still believe that the only proper fix is for unsolicited calling to be a penal offense, at least to a TPS registered number. Same thing for caller ID spoofing. Jail, not fines.

TPS has been useless for ages

John Sager

Basically the TPS is worse than useless. We let all calls with an unrecognised number go to the answering machine. It's very rare that any of these creatures leaves a message.

Linus Torvalds wrote:
> Or are they just trying to strongarm the move to the horrid ACPI tables?

They are certainly involved in the latter but whether this is related or
a seperate evil empire scheme is open to question

- Alan Cox on linux-kernel