The Information Commissioner’s Office (ICO) has served Camarthen-based direct marketing company Winchester and Deakin Limited (also trading as Rapid Legal and Scarlet Reclaim) with an enforcement notice ordering them to stop making nuisance calls. The move comes after an investigation discovered they had made unsolicited marketing calls to people who had registered with the Telephone Preference Service (TPS) or who had asked not to be contacted.
The Privacy and Electronic Communications Regulations (PECR), which govern telephone marketing, prohibit making unsolicited telephone calls to people who have put their number on the TPS register or explicitly asked not to be contacted. The ICO had received 144 concerns about Winchester and Deakin Limited since January 2013.
The enforcement notice against Winchester and Deakin Limited orders them not to call people who have previously told them not to ring or who have registered their number with the TPS.
Anne Jones, assistant commissioner for Wales, said:
“If people have asked you not to call them, don’t call them. If people are registered with the TPS so they don’t receive unsolicited marketing calls, don’t call them. It’s not complicated. Nuisance calls are annoying, bad business practice and, above all, against the law.
“Winchester and Deakin Limited must follow the rules like everybody else. If they don’t it will be treated as a criminal offence.”
Anyone can register both their landlines and mobiles with the Telephone Preference Service by going to their website or calling 0845 070 0707.
Anyone receiving unsolicited telephone call who has registered should report it to the ICO using our online survey. Over 200,000 responses have been sent in since the survey was setup early last year and the information provided is being used to help identify those companies responsible.
The ICO has also published detailed guidance for direct marketers explaining their legal requirements under the Data Protection Act and Privacy and Electronic Communications Regulations. The guidance covers the circumstances in which organisations are able to carry out marketing over the phone, by text, by email, by post or by fax.