ICO (UK) - Northern Gas & Power Ltd
| ICO (UK) - Northern Gas & Power Ltd | |
|---|---|
 | |
| Authority: | ICO (UK) |
| Jurisdiction: | United Kingdom |
| Relevant Law: | Regulation 21 PECR |
| Type: | Investigation |
| Outcome: | Violation Found |
| Started: | |
| Decided: | 15.12.2021 |
| Published: | 17.12.2021 |
| Fine: | 75000 GBP |
| Parties: | Northern Gas & Power Ltd |
| National Case Number/Name: | Northern Gas & Power Ltd |
| European Case Law Identifier: | n/a |
| Appeal: | Unknown |
| Original Language(s): | English |
| Original Source: | ICO (in EN) |
| Initial Contributor: | Frederick Antonovics |
The UK DPA (ICO) fined an electric utilities company approximately €88,000 (£75,000) for making over 60,000 direct marketing calls to individuals who were registered with the TPS or CTPS and who had not provided valid consent.
English Summary
Facts
Northern Gas & Power Ltd is an electric utilities company, which principally brokers commercial energy contracts between commercial energy users and various energy providers.
The company first came to the attention of the ICO as part of a wider investigation into scams and exploitative marketing surrounding the COVID-19 pandemic. It had repeatedly made unsolicited direct marketing call to a business's landline number, the owner of which complained to the ICO.
Upon further investigation, the DPA identified a high number of complaints related to similar calls made by Northern Gas & Power Ltd. As such, it launched an investigation to determine whether it had contravened Regulation 21 PECR.
Holding
The Information Commissioner's Office (ICO) held that Northern Gas & Power Ltd infringed Regulation 21 PECR. Over 60,000 unsolicited calls for direct marketing purposes were made to individuals who were registered with the TPS or CTPS and who had not provided valid consent. This resulted in 337 complaints being made to the TPS and the Commissioner in respect of Northern Gas & Power Ltd.
The ICO determined that the infringement was serious as it received a high number of complaints about the company, and because of the frequency and content of the calls. Indeed, complainants "reported receiving multiple calls over a short period of time, despite repeated opt-out requests and complaints to the Commissioner and TPS. They also complained of rude and aggressive callers who claimed that the rules did not apply to them. Many of the complainants reported that the calls made them annoyed and/or anxious. Some of the complainants said they were being called on their personal mobiles and this was adding to the stress caused by COVID-19. Others said the calls were disrupting their business and tying up lines used by customers."
Further, the ICO found the contravention of the PECR to be negligent, as the DPA has published detailed guidance for companies carrying out marketing explaining their legal requirements under PECR. It considered Northern Gas & Power Ltd should have been aware of the legislation's requirements, especially given its business model "predominately includes direct marketing." A final aggravating factor was that it "failed to take appropriate and swift remedial action in response to complaints from subscribers and correspondence from the Commissioner and TPS."
Considering these factors, the ICO imposed a fine of approximately €88,000 (GBP 75,000) on Northern Gas & Power Ltd.
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English Machine Translation of the Decision
The decision below is a machine translation of the English original. Please refer to the English original for more details.
Action we've taken/
Enforcement/
Northern Gas & Power Ltd MPN
Northern Gas & Power Ltd
Date
17 December 2021
Type
Monetary penalties
Sector
Utilities
Northern Gas & Power made direct marketing calls to subscribers who were registered with the TPS or CTPS and who had not provided valid consent. The monetary penalty notice is for £75,000.
Further Reading
Northern Gas & Power Ltd monetary penalty notice
Action we've taken
PDF (343.64K)
Northern Gas & Power Ltd enforcement notice
Action we've taken
Action we've taken/
Enforcement/
Northern Gas & Power Ltd MPN
Northern Gas & Power Ltd
Date
17 December 2021
Type
Monetary penalties
Sector
Utilities
Northern Gas & Power made direct marketing calls to subscribers who were registered with the TPS or CTPS and who had not provided valid consent. The monetary penalty notice is for £75,000.
Further Reading
Northern Gas & Power Ltd monetary penalty notice
Action we've taken
PDF (343.64K)
Northern Gas & Power Ltd enforcement notice
Action we've taken
EnglishCymraegEnglishCymraeg
