THE Information Commissioner’s Office (ICO) has fined Cardiff-based Outsource Strategies Ltd (OSL) £240,000 and London-based Dr Telemarketing Ltd (DRT) £100,000 after the companies made a total of almost 1.43 million calls to people on the UK’s “do not call” register, the Telephone Preference Service (TPS).

The calls, all made between 11 February 2021 and 22 March 2022, resulted in 76 complaints to the ICO and the TPS. People who complained said the callers were aggressive and used high-pressure sales tactics to persuade them to sign up for products. The ICO investigation also found evidence that both companies were specifically targeting elderly and vulnerable people.

Andy Curry, ICO Head of Investigations, said: “All the people targeted by these nuisance calls should not have been called in the first place. They had all taken action to protect themselves by registering with the UK’s “do not call” register.

“It is unacceptable they were repeatedly interrupted and subjected to aggressive and unpleasant marketing, particularly as some of the victims told us they were people with vulnerabilities. I would like to thank those who took the time to report to us, as this helped our investigation to bring these two companies to account.

“All companies engaging in direct marketing should take note. If you flout the law, you can expect the ICO to use the full force of its regulatory powers against you.

“And, as in this case, it doesn’t matter how complicated the network of companies and individuals are, we will work through the evidence to find and take action against the perpetrators of these unlawful calls to protect the public.”

Details of the unwanted calls: “My husband took the call. He has communication difficulties – he is vulnerable and doesn’t understand not to answer the telephone. I suspect he has been sold stuff by these companies in the past. For health reasons, I need to stop them ringing …”

“We’ve requested numerous times to be taken off the list but to no avail. The telephone number today is one of several different numbers that they use. This has now become harassment of two senior citizens.”

“Tried to get me to join the Irish lottery and probably wanted my bank details. It made me annoyed and … anxious. I’m getting sick up to the back teeth of these types of calls. I even get them on my UNLISTED [sic] number.”

“… He had all my personal details which he said he had got from [redacted] … He was trying to persuade me to buy cut-price lottery tickets for the Irish Lottery … I said I would not give any card details over the phone as I had no way of checking where he was calling from. I asked him to send me an email so I could carry out due diligence on this offer and the company. He said he could not do that unless I bought the tickets first. I was not prepared to do this and so ended the call. When I checked the number, Google seemed to suggest this number is associated with a scam company. I was concerned because [redacted] … target older people who could get confused and be talked into something like this more easily.”

Details of each fine

Outsource Strategies Ltd, based in Cardiff, made 1,346,503 unwanted marketing calls between 11 February 2021 and 22 March 2022 to numbers registered with the TPS. The ICO received 74 complaints from people variously saying they received repeated calls despite requests to stop and that the callers were aggressive.

During the investigation, OSL blamed TPS screening responsibility on its contracted partners and stated it also had internal systems in place to ensure this did not happen. The ICO found this to be incorrect, as 141,914 calls were still made to people marked as “do not call” on its own systems.

The investigation also uncovered that OSL Directors were involved with a separate company previously fined by the ICO. OSL has also been issued with an enforcement notice. OSL has appealed the monetary penalty notice and the enforcement notice.

Dr Telemarketing Ltd, based in London, made 80,240 unwanted marketing calls between 11 February 2021 and 22 March 2022 to numbers registered with the TPS. A total of two complaints were received. The highly exploitative unwanted calls were all made regarding Lotto Express and were targeted at vulnerable people to maximise profit.

During the investigation, the ICO uncovered what appeared to be a network of five people and eight companies all involved in deliberately making the unwanted calls. DRT argued opt-in details were supplied by its business partner and screening was provided by another company. The ICO found there was no mechanism in place to identify and mitigate against making unwanted calls and that screening was not contracted to cover all the data providers involved.

Despite repeated attempts to communicate with the company, DRT stopped engaging with the ICO during the investigation and failed to provide a satisfactory explanation for the Lotto Express calls. DRT has also been issued with an enforcement notice. DRT has not paid the fine or appealed the notice therefore the ICO is commencing financial recovery action.

ICO’s work to tackle nuisance communications 

The ICO enforces the Privacy and Electronic Communications Regulations 2003 (PECR), which cover the rules for organisations wishing to make direct marketing calls, texts or emails. 

The ICO’s direct marketing guidance makes it clear that organisations acquiring marketing lists from a third party must undertake rigorous checks to satisfy themselves that the personal information was obtained fairly and lawfully. Organisations must:

explain to people why they want to use their information;
tell people if they will share information with other organisations; and
make people aware of their data protection rights.
The ICO has issued more than £2.59 million in fines against companies responsible for nuisance calls, texts and emails since April 2023. Some of these investigations began with a single complaint from a member of the public. 

For more information about the ICO’s work to tackle nuisance calls, emails and texts visit ico.org.uk/nuisancecalls. 

Advice for the public 

To help you, your friends and relatives stop receiving unlawful marketing calls, texts or emails you can: 

Register landlines and mobile numbers with the Telephone Preference Service (TPS) and the Corporate Telephone Preference Service (CTPS) free of charge. The TPS and CTPS is a register used by legitimate marketing companies to identify people and businesses that have said they don’t want to receive marketing calls. Alternatively, you can tell the company directly that you do not wish to be contacted. 
Report the receipt of unsolicited marketing text messages received on your mobile to the Mobile UK’s Spam Reporting Service by forwarding the message to 7726. 
Refer concerns that you or someone you know has been the victim of fraud to Action Fraud (in England, Northern Ireland and Wales) and Police Scotland (in Scotland). You can refer wider concerns about a business’ practices to Trading Standards. Report any abandoned calls that you receive to Ofcom. 
Ask your telephone network about call blocking solutions they may be able to offer. Many of these services are provided free of charge.
Report nuisance calls, texts or emails to the ICO via our website. 

THE Welsh Liberal Democrats have urged the Welsh Government to impose a ban on the opening of new coal mines across Wales. This call to action was initiated in the Senedd earlier this week, signaling a move towards more sustainable energy sources.

The party’s demand follows the closure of the UK’s last opencast coal mine, Ffos-y-Fran in Merthyr Tydfil, which ceased operations last month after 16 years. The closure has left over 150 workers facing redundancy, and the site operator, Merthyr (South Wales) Ltd, has reported inadequate funding to restore the nearly 400 full-sized football pitches back to their original condition.

Jane Dodds MS, the leader of the Welsh Liberal Democrats, strongly articulated the party’s position, stating, “The era of the coal industry in Wales has conclusively ended with the closure of the Ffos-y-Fran site. Our history may be deeply entwined with coal, but it is imperative that we clearly demarcate that its time is over if we aspire for a greener, more sustainable future.”

According to the Coal Action Network, the mining operations at Ffos-y-Fran have contributed to significant environmental damage, including over 1.6 million tonnes of additional CO2 emissions and an estimated 362 deaths from climate-related impacts.

In response to the ongoing concerns at Ffos-y-Fran, James Evans MS, Shadow Rural Affairs Minister, criticised the Welsh Government’s handling of the situation, emphasising the need for immediate government intervention as the site poses increasing dangers.

Echoing this sentiment, Janet Finch-Saunders MS, Shadow Climate Change Minister, voiced serious concerns over the safety of local residents due to rising water levels at the site. “The Labour government must take responsibility and actively ensure the site’s restoration. The safety of local residents should not be compromised due to the negligence of those who profited from the mine,” she stated.

The call for a ban on new coal mines by the Welsh Liberal Democrats marks a pivotal step towards transitioning Wales away from fossil fuels and aligning with more environmentally friendly fuel sources, setting a precedent for future energy policies in the region.

WALES’ new transport secretary confirmed a change of course on the controversial 20mph policy but continued to face calls to scrap the default speed limit completely.

Ken Skates told the Senedd the 20mph policy will be targeted at schools, hospitals, nurseries, community centres, play areas and built-up residential areas.

Mr Skates said the Welsh Government will revise guidance on exceptions by the summer, with work to adjust speed limits expected to begin from September.

In response to councils’ concerns about costs, such as for swapping signs, he confirmed the Welsh Government will foot the bill for reverting roads back to 30mph.

Mr Skates said: “What I am doing now is listening to what people want for the roads in their communities and pressing ahead with refining the policy.”

Giving a statement on his priorities, the newly appointed cabinet secretary for north Wales and transport committed to listening to people to get the “right speed on the right roads”.

He said: “Ultimately, the degree of change in each of our 22 local authority areas will not be determined by me and the Welsh Government but by the public and councils.”

Mr Skates encouraged people to contact their local council via the Welsh Government’s website to have their say about where 20mph should be targeted.

The transport secretary, who returned to the frontbench in Vaughan Gething’s reshuffle in March, said an external review of the 20mph policy will be published in the next few weeks.

Mr Skates, who replaced Lee Waters, told the chamber new roads will be built and existing ones improved, with the network better designed to accommodate bus priority lanes.

Nearly half a million people signed a record-breaking Senedd petition, calling for the “disastrous” 20mph policy, which came into force in September, to be scrapped.

Pointing out that 20mph will remain the default, Natasha Asghar, the Conservatives’ shadow transport secretary, also called for the “daft, divisive and destructive” law to be abandoned.

She said: “It is clear from the rhetoric that the Welsh Government has finally cottoned on to the fact that the 20mph policy has been a complete shambles.”

The South Wales East MS urged the Welsh Government to go further by making 30mph the default speed limit with exceptions made for 20mph, rather than the other way around.

Ms Asghar warned that anything less than rescinding the law is just paying lip service.

However, Mr Skates argued the Conservatives’ suggested approach, which would require traffic regulation orders, would bankrupt Wales and increase red tape.

Delyth Jewell, Plaid Cymru’s shadow transport secretary, criticised the Welsh Government’s decision not to pursue legal action against UK ministers over HS2 funding.

Ms Jewell, who also represents South Wales East, told the chamber billions of pounds are at stake which would have a material effect on improving Wales’ transport services.

She said: “HS2 tracks don’t travel into Wales at all but we are paying for it all the same,” with Mr Skates responding that legal advice suggesting a challenge would likely fail.

The Plaid Cymru deputy leader raised concerns about drastic cuts to vital bus services, arguing investment in rail should not come at the expense of buses.

Turning to 20mph, Ms Jewell said it is important not to lose sight of the radical policy’s aim as she highlighted that a four-year-old girl was killed in a crash in Birmingham last week.

Plaid Cymru’s Heledd Fychan raised concerns about cuts to learner travel, saying no child should miss a day of school because they cannot afford the bus.

Vowing to work with Lynne Neagle, Wales’ new education secretary, on home-to-school transport, Mr Skates said the future of buses is one of his very top priorities.

Swansea East MS Mike Hedges called for a rebalancing of support between buses and rail.

Mr Skates told the Labour backbencher a forthcoming bill on bus services will correct the “great mistake” of privatisation in the mid-1980s.

Pressed by Plaid Cymru leader Rhun ap Iorwerth about calls for a third Menai crossing, Mr Skates did not rule it out but warned that public finances are incredibly tight.

Hefin David, the Labour MS for Caerphilly, welcomed plans to review the 20mph guidance, calling for councillors, who know their communities best, to be involved in discussions.