Marketing calls – fines imposed

A first tier tribunal has upheld a monetary penalty notice for £50,000 for failure to comply with the rules on unsolicited direct marketing calls, as set out in Regulation 21 of the Privacy and Electronic Communications Regulations 2003 (as amended).

A company selling UPVC windows and related products to the domestic market made nearly 4 million telephone calls between May 2011 and April 2013 of which some 80% to 90% were direct marketing calls. The Information Commissioner relied on 524 unsolicited marketing calls, many of which had been made to individuals who had registered their telephone number with the Telephone Preference Service.

This case serves as a useful reminder to businesses that they are legally obliged to check the Telephone Preference Service before calling individuals, without their consent, for direct marketing purposes. Organisations need to keep up-to-date and accurate records, evidence of staff training and compliance in relation to direct marketing.