Information Commissioner's Office
Marketing boss banned after thousands of nuisance calls
Marketing company director who made over 75,500 unsolicited marketing calls banned by the Insolvency Service for six years.
Elia Bols (32) now living in Australia, was director of AMS Marketing Limited, a telephone marketing company incorporated in January 2016.
The Telephone Preference Service (TPS), however, received 71 complaints between October 2016 and October 2017 about AMS Marketing’s unsolicited calls. A further 32 complaints were received by the Information Commissioners Office (ICO), who informed Elia Bols that a fine of £100,000 would be issued.
In April 2019, AMS Marketing was wound-up in the courts, with the fine outstanding. Further enquiries by the Official Receiver established that for just over a year between October 2016 and December 2017, Elia Bols’ had caused AMS Marketing to make more than 75,000 unsolicited direct marketing calls to numbers around the UK.
AMS Marketing Limited should have used the TPS list before making such calls to remove the numbers of individuals who had elected not to receive unsolicited contact.
On 28 October 2020, the Secretary of State accepted a disqualification undertaking from Elia Bols after he did not dispute that he had caused his company to breach Regulation 21 of the Privacy and Electronic Communications Regulations in making the marketing calls.
Effective from 18 November 2020, Elia Bols is disqualified for 6 years from acting as a director or directly or indirectly becoming involved, without the permission of the court, in the promotion, formation or management of a company.
Andy Curry, Head of Investigations at the ICO said:
”Our work with the Insolvency Service has seen the successful disqualification of 17 directors who have shut their business down to try and avoid paying a fine for illegal marketing activity. Nuisance calls, emails and texts can be a huge problem and often cause people real distress. By taking unscrupulous directors out of action, we can help protect the public and their privacy. “
Robert Clarke, Chief Investigator at the Insolvency Service, said:
“Elia Bols had a complete disregard of protective regulations and thanks to the joint work with the ICO, we have secured a ban which reflects the seriousness of this offence.
“When directors of a company do not comply with regulations that are designed to protect the public, we will fully investigate the circumstances and take action where appropriate."
Notes to editors
Elia Bols is from Perth, Australia and his date of birth is April 1988.
He was the director of AMS Marketing Limited (Company number 09967423)
Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.
Persons subject to a disqualification order are bound by a range of restrictions
Latest News from
Information Commissioner's Office
ICO and National Privacy Commission, Philippines, sign Memorandum of Understanding14/01/2021 12:25:00
UK Information Commissioner, Elizabeth Denham, and her counterpart in the Philippines, Commissioner and Chairman Raymund Enriquez Liboro (NPC), yesterday signed a Memorandum of Understanding (MOU).
Motor industry employee sentenced in ICO Computer Misuse Act prosecution08/01/2021 16:15:00
A motor industry employee has been sentenced to eight months' imprisonment, suspended for two years, in a prosecution brought by the Information Commissioner’s Office (ICO).
ICO statement in response to UK Government’s announcement on the extended period for personal data flows, that will allow time to complete the adequacy process29/12/2020 09:15:00
The Government has announced that the Treaty agreed with the EU will allow personal data to flow freely from the EU (and EEA) to the UK, until adequacy decisions have been adopted, for no more than six months.
Update to the joint statement on global privacy expectations of video teleconferencing companies24/12/2020 13:20:00
On 21 July 2020 the Information Commissioner’s Office (ICO) and five other data protection and privacy regulators from around the world jointly signed an open letter to companies providing video teleconferencing services.
UK organisations using SolarWinds Orion platform should check whether personal data has been affected24/12/2020 09:10:00
SolarWinds was the victim of a cyber-attack where a vulnerability was inserted into its Orion platform.
ICO calls on UK businesses to prepare to keep data flowing at the end of the transition period23/12/2020 09:10:00
The Information Commissioner (ICO) is calling on the UK’s businesses to check whether they are impacted by data protection law before the end of the UK’s transition period with the EU on 31 December.
ICO publishes new Data Sharing Code of Practice18/12/2020 12:25:00
The Information Commissioner’s Office (ICO) yesterday published its Data Sharing Code of Practice.
ICO to recover £250,000 fine from Manchester claims management firm17/12/2020 12:25:00
The Information Commissioner’s Office (ICO) Financial Recovery Unit (FRU) is starting proceedings to retrieve £250,000 from defunct company Pownall Marketing Limited (PML). The company was recently fined by the ICO for making over 350,000 nuisance calls.