A home improvement firm that made nuisance sales calls “aggressively pestering” people into buying products they didn’t want has been fined £40,000. Green Logic UK Ltd, based in Litchurch Plaza, Derby, made more than 11,825 calls in 2020.
The firm did not check that the personal data it used to call people was compliant with law and operated under three different names, the Information Commissioner's Office (ICO) found. The company was one of four home improvement companies fined for calls that left homeowners “distressed, upset, worried and inconvenienced”, Derbyshire Live reports.
Green Logic continued to make these calls whilst the ICO’s investigation was ongoing, landing them with a £40,000 fine and an enforcement notice. The company said it operated in “good faith” and had paid a premium to buy the data from reputable ICO registered companies.
Despite this, some individuals contacted included those registered with the Telephone Preference Service (TPS) - a statutory register of people who have opted out of receiving direct marketing calls. Green Logic has apologised to anyone on the TPS register contacted by their call centre.
The ICO began investigating the home improvement sector’s marketing calls in 2020 after £5,000 vouchers were offered to improve energy efficiency. It received complaints from TPS registered individuals over calls regarding loft, window and wall insulation.
The investigation found evidence of companies deliberately or negligently flouting electronic marketing laws in order to make a profit. Some of the companies also illegally used different trading names.
Green Logic UK Ltd was one of four companies who together were fined a total of £370,000 for making over 820,000 home improvement marketing calls to TPS registered people. Many of the complainants were vulnerable or elderly, with some having ongoing health conditions, Derbyshire Live reports.
Andy Curry, the ICO's head of investigations, said: “The complaints we received showed that people were distressed, upset, worried and inconvenienced by the calls. For people to feel this way, in their own homes where they should feel safe, is unacceptable.
“These companies all aggressively pestered people, including some vulnerable individuals, forcibly trying to make them buy products that they didn’t need or want. All of the calls were driven solely by the companies wish to make financial gain.
“We will continue to take strong action to protect the public by investigating and taking enforcement measures against companies where we find that they have flouted the law.”
The ICO enforces the Privacy and Electronic Communications Regulations. These regulations ensure companies making marketing telephone calls are doing so legally, and not contacting TPS registered individuals, unless requested by the customer.
Lawrence Johnson, director at Green Logic UK Ltd, said: "We believe we operated within the confides of the law and have repeatedly expressed this and showed with purchase invoices showing we bought TPS screened data from reputable companies in good faith.
"The companies we bought data from were ICO registered members and have been trading a long time. We closed our call centre down two years ago when Covid struck and have not reopened following the ICO investigation. We would not intentionally break any laws and would like to apologise to anyone who received a call from us that was on the TPS register."
Other firms fined as a result of the ICO's enforcement action included Eco Spray Insulations Limited based in Eastleigh, Hampshire. The firm made 178,190 calls to TPS registered people and was one of the ICO’s top 20 most complained about organisations for three months in 2020.
Eco Spray Insulations Limited used data it had sourced from two brokers, but didn’t carry out due diligence checks or screen against the TPS register. The company has been fined £100,000 after the ICO found it deliberately made calls for financial gain, were ignorant of the law, and kept inadequate records.
Another company fined £80,000 and issued with an enforcement notice is Euroseal Windows Limited, based in Newcastle-under-Lyme. The company made 169,830 calls to TPS registered people in 2020.
The data it used was sourced from four brokers and door to door canvassers, the ICO found. The ICO investigation determined that Eurosea deliberately made calls for financial gain and failed to keep a record of people who did not want to receive calls.
Posh Windows UK Limited, based in Stoke-on-Trent, has been fined £150,000 for making 461,062 calls between August 2020 and April 2021 using data sourced from a marketing company. The ICO said the company’s responses were vague, evasive, contradictory, and that it failed to provide evidence in support of its compliance with electronic marketing laws.
The ICO has provided examples of complaints received over home improvement marketing calls, including those from vulnerable individuals. One complainant said: “I have terminal cancer and am currently having chemotherapy treatment. I told them this the first time they called. Our number is also registered with the TPS.”
Another complainant said: “It is hard enough looking after someone with Alzheimer's Disease without having one's time wasted by spurious sales messages, particularly after having deliberately registered with TPS.”
In another case, a complainant said that a company had cold called “a 93 year old lady in poor health”. They added: “These calls really upset and worry her.”
One complainant on the TPS register said: “[They] asked to speak to Mrs (name withheld) who happens to be my late mother who passed away over 10 years ago as the loft insulation needs to be surveyed as it may cause problems. They called three times. This was distressing as they were asking to speak to my late mother. Surely being on the TPS register should stop these calls and they need to be prosecuted.”
Another complainant said: “… They knew my name, my address and my telephone number. This is my recently deceased mother's house that I have just inherited in the last few months. It was extremely upsetting to have someone deliberately cold-call me.”
The ICO has issued the following advice to members of public:
Both landlines and mobile numbers can be registered with the Telephone Preference Service (TPS) free of charge to opt out of receiving marketing calls. Legitimate marketing companies use this register to check who they shouldn’t contact. You can also directly tell a company not to contact you.
If you continue to receive nuisance calls, report them to the ICO using its online nuisance calls reporting tool. If you’re concerned that you or someone you know has been the victim of fraud contact Action Fraud (in England, Northern Ireland and Wales) and Police Scotland (in Scotland). If a company has concerning business practices this can be referred to Trading Standards, abandoned calls can be reported to Ofcom.
If you or a loved one are particularly vulnerable - for example those with dementia or other health conditions - you can ask for support from your telephone network to help block certain types of calls. These services are often provided free of charge.
