Increased risk of fines for nuisance direct marketing calls
In an unusual step, a local trading standards authority has successfully prosecuted a company for breaching consumer rights legislation by making direct marketing calls to people who have registered on the Telephone Preference Services’ (TPS’s) ‘do not call’ list. Actions for nuisance marketing calls are usually pursued by the Information Commissioner under separate data protection laws, namely the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR). The company, Apple Group Holdings, was fined more than £36,000 at Weymouth Magistrates Court following an investigation by Dorset County Council Trading Standards Service.
In February, Dorset County Council Trading Standards Service prosecuted the company for subjecting Dorset residents to cold calls by telephone and at their doorstep. The company has a number of different trading names and owns several companies that sell windows, doors, conservatories and solar panels across 12 offices in the region. The company ultimately pleaded guilty to 11 offences of engaging in unfair commercial practices, contrary to the Consumer Protection from Unfair Trading Regulations 2008, including five offences of persistently making unwanted telephone sales calls to consumers. The other six offences related to making sales visits to people’s houses, having been asked not to do so; such practice is not, however, covered by the PECR. The company was reported to have caused persistent nuisance to elderly and vulnerable people…
Click on the link below to read the rest of the Eversheds briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Eversheds
News from The Lawyer
Briefings from Eversheds
Case supports the view that a claim for breach of statutory duty is possible in relation to a contract award by a public body beyond the scope of the procurement regulations.
Tools that can be used to: minimise the risk of disputes; formulate and respond to claims; and resolve disputes.
Analysis from The Lawyer
Eversheds is no stranger to an international tie-up but now it’s in the market for the jewel in its global crown
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all