Preventing and complaining about nuisance calls and Ofcom’s record fine

Record fine for firm behind nearly 100 million nuisance calls
A company behind 99.5million nuisance calls has been fined a record £400,000 by the Information Commissioner’s Office (ICO).

Keurboom Communications Ltd, a company behind 99.5 million nuisance calls has been issued the ICO’s highest ever nuisance calls fine after more than 1,000 people complained about recorded (also known as automated – calls). £400,000

The calls, made over an 18 month period, related to a wide range of subjects including road traffic accident claims and PPI compensation. Some people received repeat calls, sometimes on the same day and during unsociable hours. The company also hid its identity, making it harder for people to complain.

Companies can only make automated marketing calls to people if they have their specific consent. Keurboom did not have consent so was in breach of the law.

Steve Eckerlsey, Head of Enforcement at the ICO said: “Keurboom showed scant regard for the rules, causing upset and distress to people unfortunate enough to be on the receiving end of one its 100million calls. “The unprecedented scale of its campaign and Keurboom’s failure to co-operate with our investigation has resulted in the largest fine issued by the Information Commissioner for nuisance calls.”

During the investigation, the ICO issued seven information notices ordering the company, which is registered in Dunstable, Bedfordshire, to provide information to the regulator. When it failed to comply, Keurboom Communications Ltd and its director, Gregory Rudd, were prosecuted and fined at Luton Magistrates’ Court in April 2016.

Following the ICO’s investigation, Keurboom Communications Ltd has been placed in voluntary liquidation. The ICO is committed to recovering the fine by working with the liquidator and insolvency practitioners.

The ICO’s powers will be further strengthened when the government introduces a new law allowing it to fine the company directors behind nuisance call firms. Making directors responsible will stop them avoiding fines by putting their company into liquidation.

In 2016/17, the ICO had its busiest year for nuisance calls issuing 23 companies a total of £1.923 million for nuisance marketing.

The previous record nuisance call fine was in February 2016, when the ICO fined Prodial, a lead generation company, £350,000 for making 46 million nuisance calls.

So what can you do to prevent many of these nuisance calls?
Sign up for TPS. The Telephone Preference Service. You can register both your landline
and mobile numbers. It doesn’t stop them all but it certainly reduces it. As for the ones it
doesn’t stop, report them. It is the law that companies must check names and numbers
against the TPS register so they are breaking the law if you are registered and they
contact you. Allow 28 days for it to be all registered. TPS is not able to enforce the law or
fine, but does pass the information onto the Information Commissioner’s Office (ICO).
If you have consented to receive marketing calls then you will still get these even if you
are registered with TPS. Watch out for comparison and other sites and make sure that
box is unchecked for wanting marketing emails.

For silent and abandoned calls, (frequently caused by automated systems dropping
calls as soon as one is answered) contact Ofcom. Abandoned calls are where you hear a
recorded message and there is a standard form online to report these calls. Ofcom won’t
take action on individual complaints, however, once it gets a large number regarding
the same company it will take action. In 2013 it fined Talk Talk £750,000 for an excessive
number of silent and abandoned calls. So report these kinds of calls. The form is simple
and quick to fill out.

For unwanted marketing calls, contact the Information Commissioner’s Office (ICO). In
May 2011 it was given powers to impose a fine up to £500,000 on companies who break
the rules on unsolicited texts and phone calls.

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1 Response to Preventing and complaining about nuisance calls and Ofcom’s record fine

  1. Ian says:

    The problem with current regulation is that it only tries to chase after businesses after the calls have been made – and most of the fines issued by ICO remain unpaid. Companies simply close down and move on.

    Claims management companies are regulated by the Claims Management Regulator. Their rules prevent claims management companies and their agents from pounding the streets and banging on doors to drum up business. Using the telephone to call millions of people in the hope of finding the few people who may want your service is not an effective marketing method. It causes too much nuisance. It is time the regulations were extended to ban the use of the telephone for finding leads.

    As companies that breach the CMR regulations can be closed down, this regulation would be very effective. It would cover both companies making calls and companies using leads sourced by telephone.

    The number of nuisance calls continues to rise. A decade of regulation has been seen to fail as it does not address the core issue – stopping the calls being made in the first place.

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