A penalty notice of £50,000  issued by the Information Commissioner for failure to comply with the rules on unsolicited direct marketing calls has been upheld on appeal. A UPVC window company made nearly 4 million telephone calls between May 2011 and April 2013 of which 80- 90 % were direct marketing calls.

In making the original ruling the Information Commissioner relied on 524 unsolicited marketing calls many of which were to individuals who had registered their number with the Telephone Preference Services (TPS) .

The case serves to remind businesses that before starting a direct marketing campaign they need to check the TPS before calling individuals without their consent for direct marketing purposes. The case shows that the Information Commissions will consider not just the number, content and tenor of calls but can also use business practices within their deliberations.

If your company undertakes direct marketing have you  reviewed  your compliance procedures recently?  If you’d like help with some staff training or in reviewing your compliance manual please give us a call on 01924 387110


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