Nuisance callers could now be fined up to £500k if found liable

The bosses of companies which ‘hound’ people with unsolicited nuisance calls could be fined as much as £500k under new proposals.

Now, such nuisance callers could be found personally liable if their firm breaks the law.

The UK data protection watchdog revealed last week it had recovered just over half (54 per cent) of the £17.8m in fines issued for nuisance calls since 2010, as companies go into liquidation to avoid big penalties.

This follows the latest estimates by Ofcom showing British consumers were bombarded with 3.9 billion nuisance phone calls and texts in 2017.

Minister for digital and creative industries, Margot James, said: “Nuisance calls are a blight on society and we are determined to stamp them out.

“For too long a minority of company directors have escaped justice by liquidating their firms and opening up again under a different name.

“We want to make sure the information commissioner has the powers she needs to hold rogue bosses to account and put an end to these unwanted calls.”

As it stands, only the businesses themselves are liable for fines of up to £500k, and some directors try to escape paying penalties by declaring bankruptcy - only to open up again under a different name.

The Insolvency Service can also disqualify people from boardroom positions and failure to adhere to this ruling could lead to a prison sentence.

However, new government proposals being consulted on will provide the Information Commissioner’s Office (ICO) with the powers it needs to hold company directors directly responsible with further fines of up to £500k.

Steve Wood, deputy commissioner of the Information Commissioner’s Office, added: “We welcome these proposals from the government to make directors themselves responsible for nuisance marketing.

“We have been calling for a change to the law for a while to deter those who deliberately set out to disrupt people with troublesome calls, texts and emails. These proposed changes will increase the tools we have to protect the public.”

So far, the government has made it ‘easier’ for regulators to fine those breaching direct marketing rules, forced companies to display their number when calling customers and increased fines for wrongdoers.

Ofcom data suggests this action could be working. The total complaints made to the ICO and Ofcom about nuisance calls have fallen for the second year in a row.

Looking to promote your product/service to SME businesses in your region? Find out how Bdaily can help →