ICO issues warning over robocalls 

ICO issues warning over robo calls as it fines energy firms half a million pounds for unlawful marketing calls /

ICO issues warning over robocalls while fining energy companies half a million pounds for illegal marketing calls

Please scroll down for English language version. Video and audio clips of the calls are available for use. Please note the voice of the call recipient is an actor’s voice. Transcriptions of the recordings are also available.

The Information Commissioner’s Office (ICO) is warning the public to be wary of illegal robo-phone calls.

This comes as the regulator fined two energy companies a total of £550,000 for making automated marketing calls.

Both companies used avatar software, which gave the caller the impression that they were talking to ‘Jo, Helen or Ian’ from the United Kingdom – but that they were actually scripted lines recorded by voice actors and played by overseas call agents.

Andy Curry, ICO’s Head of Investigations, said the robocall technology makes it harder for the public to identify automated calls and report them to the ICO.

He said: “We have heard worrying reports of how unscrupulous companies are using robo technology to defraud the elderly and vulnerable. We understand how distressing these calls can be and we will work on behalf of the public to catch those responsible.”

The ICO has fined Home Improvement Marketing Ltd (HIM), based in Pembrokeshire, £300,000 and issued it with an enforcement notice ordering it to stop its illegal practices.

It has also fined Durham-based Green Spark Energy Ltd (GSE) £250,000 for making 9.5m automated marketing calls. GSE has also been served with an enforcement notice.

Both companies had a common director (Mathew Terry) who is currently a director of HIM and was, until March 2024, one of the directors of GSE.

Mr Curry said: “We encourage the public to take note of our advice to identify these robocalls in order to tell us when they have received a call. This will help us investigate and take enforcement action.”

How to spot robocalls

1. Small pauses before the responses

o There may be a noticeable delay between what you say and the responses you hear, as the agent selects the next pre-recorded clip.

2. Limited flexibility

o If you ask unusual questions, the answers may sound repetitive, general or irrelevant as the system can only play pre-recorded options.

• o The conversation always comes back to a set marketing script, regardless of your answers, because the ‘agent’ is limited to the script.

3. Same voice / tone across calls

o You may get a number of calls where ‘different agents’ sound the same or use the same accent or names.

4. No background noise or natural breaks

o Unlike real call centers, avatar calls often sound too glossy, with no background chatter or noise.

Green Spark Energy

The 497 complainants for GSE calls to the ICO and TPS included cancer patients and elderly people:

“Said local energy advisor – selling insulation. I do not understand why they can try to scam me if I am registered with the TPS. I am 91 and battling cancer, my wife has advanced Alzheimer’s.”

“Loft insulation, scare tactics by saying that it contained asbestos and was therefore dangerous. It is unethical to try and scare a vulnerable elderly person by raising the prospectus of asbestos in loft installation, particularly when that is nonsense and it’s fibreglass.”

The callers would introduce themselves as Jo, Helen and Ian saying only that they were a ‘local energy adviser’ offering loft insulation. The calls gave the recipient the impression that they were speaking to a person from the United Kingdom but in fact they had been recorded by overseas call agents using avatar software.

The aim of the call was to arrange an appointment with a surveyor to come to the property to carry out a survey. A recording of one of the calls made misleading claims, suggesting that fiberglass insulation causes damage or mold and has been classified by the British Lung Foundation as a potential health hazard. Asthma + Lung UK (formerly the British Lung Foundation) published a blog stating that this was not the case.

Home Improvement Marketing Ltd

Between 31 May 2023 and 31 August 2023, HIM was found to be using an overseas call center which also used the avatar software and made 2.4 million automated calls on behalf of the company, resulting in 274 complaints to the ICO and TPS.

The callers would say they were calling from ‘Hwb Ynni’ and ‘Tîm Arbed Ynni’, offering solar panels.

The ICO investigation

The companies were investigated as part of a wider campaign set up by the ICO to assess and analyze trends in complaints about the energy and home improvement sector.

The ICO executed a search warrant in March 2024 at Mathew Terry’s home address. Among the items seized was an iPhone which was forensically analyzed and which contained a document that set the objective for telesales agents to arrange appointments by cold calling homeowners on behalf of GSE sales representatives to go to their homes to perform a free loft inspection and ultimately sell Huntsman Spray Foam products.

Also on his mobile phone were WhatsApp messages discussing how to avoid being caught by the ICO.

According to Mathew Terry, due diligence checks were not carried out on data providers, and he was unable to show evidence that consent had been given, saying, “no consent was obtained”.

The rules on automated marketing calls

The rules for making automated calls are stricter than for making live calls.

Such communications are only permitted to be sent to persons who have previously informed the caller that they consent to such communications or at the request of the caller. Consent must be given freely, specifically and on an informed basis.

The caller should tell the recipient which organization they are from.

Organizations making marketing calls should follow the ICO’s Direct Marketing Guidelines to ensure they comply with the law.

Take action to protect loved ones

To stop live and automated marketing calls, you can:

• register your landline or mobile phone number with the Telephone Preference Service (TPS) for free. The TPS is a register of people who have said they do not want to receive marketing calls;
• report any nuisance calls you continue to receive to the ICO using our online reporting tool ; a
• refer complaints about fraud and scams to Action Fraud or Police Scotland , complaints about business practices to Trading Standards through Citizens Advice and complaints about silent or abandoned calls to Ofcom .

There is more advice on how to stop nuisance calls on the ICO website.