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Nuisance calls: stronger powers sought for earlier intervention Nuisance calls: stronger powers sought for earlier intervention
(2 months later)
A regulator is calling for the law to be changed to allow earlier intervention to stop companies making nuisance phone calls, after announcing its latest fine against a firm which broke the rules.A regulator is calling for the law to be changed to allow earlier intervention to stop companies making nuisance phone calls, after announcing its latest fine against a firm which broke the rules.
The Information Commissioner's Office (ICO) fined Tameside Energy Services, based in Denton, Manchester, £45,000 for making unwanted marketing calls. The proposed fine was £90,000 but it was halved because of the company's poor financial position.The Information Commissioner's Office (ICO) fined Tameside Energy Services, based in Denton, Manchester, £45,000 for making unwanted marketing calls. The proposed fine was £90,000 but it was halved because of the company's poor financial position.
The ICO received more than 1,000 complaints between 26 May 2011 and 31 January 2013 from people who had signed up to the Telephone Preference Service (TPS) but still received calls from the firm.The ICO received more than 1,000 complaints between 26 May 2011 and 31 January 2013 from people who had signed up to the Telephone Preference Service (TPS) but still received calls from the firm.
It is now calling for the law to be changed to make it simpler for it to punish companies responsible for repeated and continuous breaches of the law.It is now calling for the law to be changed to make it simpler for it to punish companies responsible for repeated and continuous breaches of the law.
At the moment the ICO has to prove risk of, or actual, "substantial damage or distress" as a result of marketing calls. It wants to be able to act when it sees a firm regularly breaching the rules.At the moment the ICO has to prove risk of, or actual, "substantial damage or distress" as a result of marketing calls. It wants to be able to act when it sees a firm regularly breaching the rules.
In the latest case, Tameside Energy Services made calls to people about energy efficiency home improvements through the Green Deal scheme. This included one from an 80-year-old lady who continued to receive calls despite informing the company on 20 separate occasions that they must stop.In the latest case, Tameside Energy Services made calls to people about energy efficiency home improvements through the Green Deal scheme. This included one from an 80-year-old lady who continued to receive calls despite informing the company on 20 separate occasions that they must stop.
The TPS runs a register that allows people to opt out of any unsolicited sales or marketing calls. Individuals can register free of charge by visiting the website. Mobile phone numbers can also be registered, although this will not prevent unsolicited text messages.The TPS runs a register that allows people to opt out of any unsolicited sales or marketing calls. Individuals can register free of charge by visiting the website. Mobile phone numbers can also be registered, although this will not prevent unsolicited text messages.
Simon Entwisle, director of operations at the ICO, said: "This is not the first, and will not be the last, monetary penalty issued by the ICO for unwanted marketing calls. These companies need to listen – bombarding the public with cold calls will not be tolerated."Simon Entwisle, director of operations at the ICO, said: "This is not the first, and will not be the last, monetary penalty issued by the ICO for unwanted marketing calls. These companies need to listen – bombarding the public with cold calls will not be tolerated."
He added: "We would like to see the law changed to make it simpler for us to punish companies responsible for repeated and continuous breaches of the law."He added: "We would like to see the law changed to make it simpler for us to punish companies responsible for repeated and continuous breaches of the law."
John Mitchison, head of the TPS, said: "We refer all complaints to the ICO and are pleased that it is using this information to take action against companies that are breaking the law.John Mitchison, head of the TPS, said: "We refer all complaints to the ICO and are pleased that it is using this information to take action against companies that are breaking the law.
"The TPS has been calling on regulators to deal with companies breaking the law, so we welcome this as another important step towards tackling the problem of nuisance calls.""The TPS has been calling on regulators to deal with companies breaking the law, so we welcome this as another important step towards tackling the problem of nuisance calls."
In June the ICO imposed a £225,000 fine on two firms for failing to respect people's wishes to opt out of marketing calls. Nationwide Energy Services and We Claim You Gain – part of Save Britain Money Ltd in Wales – were fined £125,000 and £100,000 respectively after receiving more than 2,700 consumer complaints.In June the ICO imposed a £225,000 fine on two firms for failing to respect people's wishes to opt out of marketing calls. Nationwide Energy Services and We Claim You Gain – part of Save Britain Money Ltd in Wales – were fined £125,000 and £100,000 respectively after receiving more than 2,700 consumer complaints.
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