Business

Two firms, one in Wales, fined £340k for aggressive marketing calls

Published

3 weeks ago

April 24, 2024

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. 

Business

Johnston holiday lodges expected to be approved

Published

12 hours ago

May 18, 2024

Bruce Sinclair - Local Democracy Reporter

PLANS for 20 self-catering holiday lodges in the Pembrokeshire village of Johnston are expected to get the go-ahead next week.

An application before the May 21 meeting of Pembrokeshire County Council’s planning committee by Peter Rawsthorne seeks permission for the short-stay lodges and associated works on land behind The Larder, Vine Road.

The application, sited near a collection of single storey buildings associated with Silverdale lodge which are currently in use as temporary emergency accommodation, is recommended for delegated conditional approval.

A report for planners says: “The application seeks full planning permission for the siting of 20 short-term stay holiday lodges. The lodges would be positioned on concrete bases either side of a central access road running through the length of the site.

“Comprising of either two or three bedrooms, each unit would have the benefit of an associated car parking space and raised veranda to provide access into the unit and an external amenity area. The lodges will be finished with timber or timber effect cladding to the walls under a shallow dual pitched roof of metal sheeting with a UPVC framed fenestration and rainwater goods.”

It adds: “The proposal will generate some noise, odours and artificial light nuisance in comparison to a currently vacant site.

“Given the close proximity, at the southern end of the application site, to existing residential in Silverdale Close and Acorn Drive the Head of Housing and Public Protection has advised that a Noise Impact Assessment (NIA) should be required prior to the determination of the application to allow for the assessment of all noise emissions from the proposed development and for this to set out proposed measures of how to attenuate any noise nuisance.

“Consideration has been given to whether requiring such an assessment would be reasonable or necessary to make the development acceptable.

“It is acknowledged that the nature of the use of the site as proposed could generate some noise and disturbance, and that there is likely to be a heightened awareness to this for existing occupiers when the site is first occupied, compared to the current vacant use of the site or its previous use as an informal garden space for occupiers of the Silverdale lodges.

“However, the residential occupation of the space, albeit by short-term visitors who may have less regard for existing permanent residents, is a use typical of and expected in this service centre sized settlement and could be satisfactorily absorbed.

“Excessive noise and anti-social behaviour are matters which can also be dealt with by other legislative controls.”

Business

Tafarn Sinc community pub’s call to keep disabled access granted

Published

12 hours ago

May 18, 2024

Bruce Sinclair - Local Democracy Reporter

A PEMBROKESHIRE community pub, which earned the support of a Hollywood star, has been allowed to keep a disabled access walkway and restored platform used for performances by local choirs.

In a retrospective application submitted to Pembrokeshire Coast National Park, Cymdeithas Tafarn Sinc sought permission to retain works at the Tafarn Sinc community pub in Rosebush.

In its submission, the community group said: “An existing platform adjacent to the pub has been restored and slightly expanded; with a new access walkway installed.

“The walkway was added for Health and Safety reasons and allows both able bodied and disabled people to safely access the platform. The platform is used for a variety of activities, such as performances by local choirs.

“The platform was formerly railway platform on a small branch line, and has been restored to look as it did when it was operational.”

The works were undertaken in 2022, the application said.

Tafarn Sinc had been in danger of closing when the old landlord and landlady retired back in 2017 but a huge fund-raising effort that attracted worldwide interest – including support from Hollywood star Rhys Ifans – meant it is now owned and run by the local community.

Campaigners raised a staggering £325,000 in little more than three months to buy the pub and keep it open and at the heart of community life.

Other public figures like Huw Edwards, Jamie Owen, Dewi Pws, Dafydd Hywel and ‘Heno’ presenter Mari Grug gave their support, with £200 shares bought by people from all over the world.

An officer report for the scheme proposed said: “The pub itself is constructed from corrugated metal and has an historical, industrial appearance. Historically, Rosebush Railway Station was adjacent and to the west of the pub building, built as part of the same development in the latter 19th century.

“A section of the Maenclochog Railway and platform still exist and form part of the pub and village’s visitor attraction. An inaccessible platform mock-up of a family of passengers had existed prior to this current development.”

Recommending approval it said: “The scale of proposal is proportionate to the existing ‘railway’ features and will create little impact on the special qualities of the National Park.

“There is concern however that the proposal could create an amenity impact for which this proposal has not been assessed for. An appropriate condition restricting the use of the development to prevent harmful noise pollution is therefore included.”

Business

Council set to lease Haverfordwest airport in bid for financial stability

Published

12 hours ago

May 18, 2024

Bruce Sinclair - Local Democracy Reporter

SENIOR Pembrokeshire councillors are next week being recommended to lease Haverfordwest airport as part of plans to make the council-run facility, which had a circa £119,000 deficit last year, cost-neutral to the authority.

Last year, Pembrokeshire County Council’s Cabinet, members heard the financial position at the council-supported Haverfordwest/Withybush airport deteriorated in 2022/23, with an out-turn position for 2022/23 of £238,000.

In March of this year, Pembrokeshire County Council’s services overview and scrutiny committee backed a recommendation that a lease to an existing stakeholder / established aviation company was pursued, including a wider stakeholder consultation.

A report before members at that meeting said the £238,000 loss had been reduced to an expected £119,000 for 2023/24 “following an extensive review of the operations of the airport”.

The report listed reasons for the halving of this deficit, including: an increased profit margin on fuel £40,000; increased landing fees £7,000; reduction in staff training £8,000; reduction in equipment and equipment maintenance costs £10,000; and a reduction in one off costs of hedges and sewers £53,000.

Following the scrutiny meeting, a more detailed recommendation is to be presented to Cabinet on May 20, and, if approved, would be dealt with under the delegated authority of the Assistant Chief Executive, with relevant input from officers.

The report before Cabinet says, following discussions with existing stakeholders: “It seems likely that the council would be able to agree a lease of the airport to an experienced and well-established aviation company who is an existing stakeholder with a good track record.”

The lease would be for an initial 10-year term, with a requirement to obtain/keep a CAA [Civil Aviation Authority] Cat II licence and at a market rent.

It adds: “This option would make the airport cost-neutral to the council from the day the lease is signed whilst also ensuring that an operational airport remains for Pembrokeshire to benefit from.

“The council intends to exclude Hangar 5 [indoor trampolines] from any lease as it is not part of the operational area of the airport and doesn’t house an aviation-linked business. This enables the council to keep the rental income from this property.

“The council also intends to include an option to take back, at no cost, part of the airport that may have the potential to be developed as a solar farm or industrial units. Any staff currently employed at the airport would transfer to any new tenant/operator.

“Any lease would have to allow the operator to run the airport on the commercial terms of their choosing to give a chance of long-term sustainability, so, the council will lose full control of how the airport operates.

“However, any lease will require that the airport be maintained to an acceptable standard and that a CAA Cat II licence is maintained. If these terms of the agreement are breached, then the facility will return to the council.”

The report finishes: “It should be of note that an alternative proposal has recently been put forward by another existing stakeholder who does not have aviation experience.

“The proposal is one of a land swap whereby the council would exchange the airport land for other land owned by the stakeholder concerned. If this option were to be taken, the council would relinquish all its interest and any element of control it has in the airport, and accordingly there is no guarantee that an operational airport would remain in the county.”

It is recommended the former proposal is adopted; that the airport is leased to an existing stakeholder and established aviation company.