News: 1670499692

  ARM Give a man a fire and he's warm for a day, but set fire to him and he's warm for the rest of his life (Terry Pratchett, Jingo)

Five British companies fined for making half a million nuisance calls

(2022/12/08)


Britain's data watchdog has slapped financial penalties totaling £435,000 (c $529,000) on five companies it says collectively made almost half of million marketing calls to people registered with the Telephone Preference Service (TPS).

Under local laws, it is illegal for businesses to make live marketing calls to anyone who is signed up the TPS.

The Information Commissioner's Office (ICO) says the offenders include Applianceservices UK Ltd (AUKL), Boiler Cover Breakdown Ltd (BCBL), Boiler Breakdown Ltd (BBL), Repair Plans UK Ltd (RPUK), and Utility Guard Ltd (UGL).

To be made to feel as though you have to hand over your bank details simply to get someone off the phone is nothing short of shameful

Andy Curry, head of ICO investigations, said: "We will not stop investigating and taking robust action against companies, to protect people and especially the vulnerable, where we find blatant disregard for the law."

The probe by the team at the ICO found, in certain instances, the companies were homing in on specific demographics, namely homeowners aged 60 and over.

[1]

Based in Brighton, AUKL UK was behind 99,313 unsolicited direct marketing calls to TPS users between the start of January 2021 and towards the end of June in the same year. It was fined £85,000 (c $103,000).

[2]

[3]

The ICO said it became aware of the business via the Financial Conduct Authority, and claimed it "appeared" to use pressure tactics to get payment card details. One of the people called had reduced capacity after a stroke and one had dementia.

Also based in Brighton is RPUK, which made 21,347 marketing calls over a little less than the months ending 7 September. It expressly bought data on people aged 60 and over, the ICO claims, and made false and misleading statement during its marketing calls.

[4]

The ICO found one incident in which RPUK had needlessly taken £180 from a person's bank account. It was fined £70,000 and issued with an enforcement notice, and has 30 days to comply.

[5]Halfords slapped on wrist for breaching email marketing laws

[6]UK Info Commissioner slams use of WhatsApp by health officials during pandemic

[7]Clearview AI fined millions in the UK: No 'lawful reason' to collect Brits' images

[8]UK watchdogs ask how they can better regulate algorithms

BCBL made 9,075 marketing calls between January and August 2020, and BBL made 348,724 nuisance calls, the ICO claimed. Both companies are registered at the same address, share the same directors and the phone lines are rented by one company and used by the two companies.

The ICO claimed both were "specifically" targeting vulnerable people, and fined BCBL £120,000 (c $146,000) and BBL £140,000 (c $170,000). It issued them with an enforcement notice. The two businesses have appealed the monetary value of the penalty notices.

The final name in the rogues gallery is UGL, situated in Chichester, West Sussex. The ICO said it made 1,932 calls between August 2020 and July 2021. UGL did not have a TPS license and took money from someone with dementia. It showed a "willful disregard" for the law, and was fined £20,000 and must comply with the enforcement notice.

"The pressure tactics, and sometimes false or misleading statements these companies used were completely unacceptable. To be made to feel as though you have to hand over your bank details simply to get someone off the phone is nothing short of shameful, and that is why we have taken action against these companies," said Curry. ®

Get our [9]Tech Resources



[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=2Y5IYMJ0-YXvc41HmBqMqoQAAABc&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=44Y5IYMJ0-YXvc41HmBqMqoQAAABc&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=33Y5IYMJ0-YXvc41HmBqMqoQAAABc&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=44Y5IYMJ0-YXvc41HmBqMqoQAAABc&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[5] https://www.theregister.com/2022/09/08/halfords_ico_email_breach_pecr_fine/

[6] https://www.theregister.com/2022/07/12/uk_department_of_health_and/

[7] https://www.theregister.com/2022/05/23/clearview_ai_ico_fine/

[8] https://www.theregister.com/2022/04/29/drcf_algorithm_regulation/

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



Fined?

bofh1961

Jail would be more appropriate.

Re: Fined?

Swordfish1

Jail and a fine would be more appropriate

Re: Fined?

SIP My Drink

Nah...

- Jail Time

- Fine

- Disqualification From Being Company Director (In Extreme Cases)

EZPZ!

RPF

Those fines are at least 2 orders of magnitude too low.

tony72

I wonder how much those companies are making. I suspect those fines will just be an inconvenience.

dogcatcher

I suppose that writing a chit for the petty cash is a bit inconvenient.

What profit did the rogues make ?

alain williams

The fines should be at least this amount - payable by the directors not the companies (which they will prolly bankrupt to avoid paying)

Re: What profit did the rogues make ?

ThatOne

Definitely. It's a slap on the wrist and only shows that crime does pay. I'm sure the company director(s) involved are rolling on the floor laughing.

A Game of Whac-a-mole

Flak

No doubt the companies will fold with minimal assets and lots of debt. Fines may be issued but not collected.

Meanwhile, the culprits will suffer little personal loss and establish another company and start again.

That is what needs to be stopped.

Re: A Game of Whac-a-mole

OhForF'

With a total of £435,000 for fines and around half a million cold calls the fine is low enough that those companies probably can factor in those fines as a cost of doing business and still have a viable business model -> no need to fold.

Re: A Game of Whac-a-mole

Hans Neeson-Bumpsadese

Exactly. I automatically read the headline as "Five British companies become insolvent and directors declare bankruptcy because they know they can get away with it."

Re: A Game of Whac-a-mole

Andy The Hat

Be interesting to know whether these companies are still trading or were trading at the time of enforcement action being taken.

I seem to remember that the rules were being changed so the ICO would be allowed to chase the directors of such companies but I may be imagining that ...

Keep us posted when the victims receive their compensation

Anonymous Coward

otherwise, what's the point of the ICO ?

Twanky

So they used personal data gathered for one purpose (TPS) for a different, incompatible purpose (cold call telesales)? Isn't that a GDPR infringement? Where's the Eur 10m fine?

SWMBO and I fall into the 'over 60 and on the TPS' category. We've noticed a significant increase in telemarketing bastards over the past few years. Also, of course, scammers/fraudsters. I must be getting slow - it never occurred to me that TPS itself could be being used against us.

If I've got enough time I like to string them along. I once got a 'you've got a computer virus' scammer to call back two days running before he twigged. My! Such language from a 'BT tech support' bod!

One thing I hadn't realised was that TPS only covers 'live' marketing calls. I'll have to check up on that.

katrinab

Automated marketing calls are illegal unless you opt-in. That's why TPS, an opt-out register doesn't cover them.

Alumoi

TPS (and all alternatives) is a gold mine for scammers. A full set of verified info on potential victims.

ThatOne

Definitely. That's why I never click "unsubscribe", I just blacklist the spammer's whole domain (using wildcards if they use numbered domains).

WonkoTheSane

This is about voice calls, not emails.

ThatOne

I know, my point was simply about the fact it's useless telling people you don't want their pointless ads: You shouldn't. It always backfires.

'The two businesses have appealed the monetary value of the penalty notices.'

Tony.

Well, if after the fines they still made a profit, the fines are not large enough!

Waste of time

Anonymous Coward

I consider these to be scam calls. Nuisance is just far too polite.

Most of the scam calls I get come from South Asia. They are made by Indians using British names.

When they can get those scumbags shut down then the ICO might not be a total waste of space.

I get relatively few UK based scam calls. There is one from 'my local energy efficiency advisor'. If they are genuinely local then at least they could fake a local phone number instead of one in Manchester.

As my home has an 'A' rating there is little I can do to improve it.

Re: Waste of time

Arthur the cat

Most of the scam calls I get come from South Asia. They are made by Indians using British names.

When I get an obviously Indian accent saying a variant of "Hi, my name's Colin" I tend to reply with "Hello, my name's Krish".

Re: Waste of time

navarac

When I get a call from an Indian accent, I just put the phone down. Shame if they genuinely work for BT or Virgin Media for example. But that's life, guys.

Re: Waste of time

WonkoTheSane

I prefer saying "I'm terribly sorry old chap, but I don't speak a word of English. Good day to you.", in my best Mr Cholmondley-Warner.

One Word!

Mr. V. Meldrew

Bastards!

Fonant

Far too easy to set up a Limited Company in the UK, scam people, and then shut it down again.

Being a "Ltd" is no longer a sign of trustworthiness, sadly. Companies House needs to completely re-think how it controls limited companies and the people creating them.

Commswonk

Companies House needs to completely re-think how it controls limited companies and the people creating them.

I think you are assuming that Companies House has powers that it simply does not have.

It is a register*, not a regulator.

* Funny that, in one way or another...

katrinab

There are [1]plans to change that . Hopefully they will work.

[1] https://www.gov.uk/government/publications/corporate-transparency-and-register-reform/corporate-transparency-and-register-reform-accessible-webpage

Dan 55

The only person ever prosecuted for giving Companies House false information was the person trying to show there was a problem:

[1]Britain, headquarters of fraud

Companies House's lack of checks is used to launder money worldwide:

[2]How Britain can help you get away with stealing millions: a five-step guide

Two years ago it was announced that checks were going to be introduced:

[3]Companies House to verify directors' identities before being listed

And since then nothing has changed:

[4]Companies House is dysfunctional and facilitating fraud, MPs told

One can only assume it's like this because it's convenient for those in power.

[1] https://www.theguardian.com/world/2019/jul/05/how-britain-can-help-you-get-away-with-stealing-millions-a-five-step-guide

[2] https://www.theguardian.com/world/2019/jul/05/how-britain-can-help-you-get-away-with-stealing-millions-a-five-step-guide

[3] https://www.theguardian.com/business/2020/sep/18/companies-house-to-verify-directors-identities-before-being-listed

[4] https://www.theguardian.com/business/2022/nov/08/companies-house-is-dysfunctional-and-facilitating-mps-told

Eh?

Commswonk

From the article: Under local laws, it is illegal for businesses to make live marketing calls to anyone who is signed up the TPS.

In what way are UK Data Protection & TPS observance "local laws"?

Re: Eh?

Phones Sheridan

The UK is a small district outside of the USA, and this is an american website!

Re: Eh?

Arthur the cat

At least we're no longer a candidate for 51st state.

Re: Eh?

Dan 55

Fantastic when US publications use the phrase "local laws", it's as if they had the same importance as Macclesfield's dog fouling bylaws.

No, they're "national laws"... AKA "laws".

Farcycle

I'm glad I got my parents a callblocking phone, whitelisted all family, friends and important companies leaving anyone not on the whitelist to have to declare who they are before the phone even rings. 99% of them don't pass that hurdle, and the few that try, answer so incomprehensively my parents just hang up on them. I scan their call list when I can and add any dodgy numbers to the blacklist. I recommend one for the elderly, does sometimes catch valid callers out, but I whitelist them too for next time.

Giles C

My parents have one as well sometimes there are 30+ missed calls on the phone of people trying to get through…

Pete B

I set up a an asterisk server for my Parents - it just dumps any number that isn't in it's known list to voicemail - virtually no scammers leave a voicemail whereas genuine but unknown callers will - works quite well for them.

I clickbaited this article...

heyrick

...because I said to myself the fines imposed will be pathetic in comparison to what they likely got away with.

Less than £1 per call.

Sucks to be right.

"those [...] who'd registered with Telephone Preference Service"

Mike 137

Obviously unaware of the Eleventh Commandment.

One can only suppose either that they're incredibly stupid or they believe they'll make more money while they succeed than the aggregate penalites they incur when they're caught. If you want to be successful as a fraudster you have to be a lot smarter than that.

Companies House info

Dave Pickles

AUKL is unknown to Companies House.

BCBL and BBL have the same directors and seem to be ongoing companies.

RPUK has filed to be struck off but the action has been suspended.

UGL has also filed to be struck off.

He thought he saw an albatross
That fluttered 'round the lamp.
He looked again and saw it was
A penny postage stamp.
"You'd best be getting home," he said,
"The nights are rather damp."