A Scottish energy company has received a £160,000 fine from the Information Commissioner’s Office (ICO) for breaking marketing laws – calling individuals and organisations who were listed on the UK’s “do not call” register.
Energy Prices Direct Ltd (EPDL) purchased contact details of potential customers and made over 700,000 calls to discuss energy prices, switching suppliers, or installing meters, without screening the numbers against the Telephone Preference Service (TPS) – a register that allows individuals and businesses to opt out of unsolicited sales and marketing calls.
They were also found to be deliberately concealing their identity, and failed to clearly disclose who was calling.
The Privacy and Electronic Communications Regulations (PECR) give individuals rights over how they are contacted for marketing. Under Regulation 21, organisations making live marketing calls (like EDPL) must either have prior consent or check numbers against the TPS or Corporate TPS. They must also clearly identify themselves and maintain a record of anyone who has opted out of future calls.
Although the EDPL case may be an exceptional example (purchasing data without the proper checks in place, making massive amounts of repetitive calls and hiding their identity), it is important that all organisations understand the rules around marketing – even simpler activities like sending your newsletter via email or sending an update magazine in the post are subject to PECR. To avoid the same thing happening to you, you must ensure your organisation:
- Understands the PECR rules around different forms of marketing
- Undertakes marketing activity in line with these Regulations
- Keeps a “do not contact” list, or easily allows individuals and businesses to opt-out of your marketing messages
- Trains staff on all of the above
If your organisation needs support or training on how to stay compliant with PECR when sending marketing or fundraising communications, Hope & May can help. Please contact us below for more information..
