WIREDGOV

The ICO has ordered a businessman to stop making unsolicited marketing calls relating to potential claims for industrial hearing injuries.

Over 1,000 complaints were made to the ICO and the TPS about Aurangzeb Iqbal, then trading as the Hearing Clinic, who was making nuisance calls to people registered on the Telephone Preference Service (TPS).

Complainants said callers stated they could be in danger of losing their hearing as they had worked in a loud industrial environment, even though for many people that wasn’t the case. The company made multiple calls to households and reports were received of aggressive sales callers using out of date personal information.

In May, Aurangzeb Iqbal, was given a period of monitoring by the ICO and, despite the advice offered by the regulator during those three months, 278 complaints were made about nuisance calls. The enforcement notice applies to Iqbal and any other businesses he may own as a sole trader.

Andy Curry, the ICO’s Group Enforcement manager said:

“Aurangzeb Iqbal had every chance to improve his practices in line with the law. Our team provided advice and guidance and yet the complaints kept coming in.

“The Claims Management Regulation Unit has already fined Aurangzeb Iqbal but our enforcement notice should stop him from making any more nuisance calls.

“We believe complaints about this type of hearing claims call are on the rise and we do have more enforcement action in the pipeline. This should send a clear message to these companies that they must operate in line with the regulations or face the consequences.”

During this investigation the ICO has worked closely with the Claims Management Regulation Unit (CMRU) which has recently issued Aurangzeb Iqbal with a £220,000 fine, partly for making nuisance calls. The CMRU is part of the Ministry of Justice and can issue fines based on a company’s turnover.

It’s against the Privacy and Electronic Communications Regulations (PECR) to call telephone numbers that people have registered with the TPS unless they have given a company specific permission to do so. If the ICO’s enforcement notice is breached, Aurangzeb Iqbal could face prosecution through the courts.

The fine issued by CMRU is currently under appeal.

Notes to Editors

1. The Information Commissioner’s Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
2. The ICO has specific responsibilities set out in the Data Protection Act 1998, the Freedom of Information Act 2000, Environmental Information Regulations 2004 and Privacy and Electronic Communications Regulations 2003.
3. The ICO is on Twitter, Facebook and LinkedIn. Read more in the ICO blog and e-newsletter.Our Press Office page provides more information for journalists.
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• Fairly and lawfully processed
• Processed for limited purposes
• Adequate, relevant and not excessive
• Accurate and up to date
• Not kept for longer than is necessary
• Processed in line with your rights
• Secure
• Not transferred to other countries without adequate protection