- Bolton-based Breathe Services Ltd fined £170,000 for making over 4 million unlawful direct marketing calls
- Oldham-based Money Bubble Ltd fined £120,000 for making over 168,000 unlawful calls
We have fined two companies, based in Greater Manchester, a total of £290k and issued them both with enforcement notices after they were found to have made numerous nuisance phone calls to people – who’d opted out of receiving marketing calls – attempting to sell them life insurance and debt management solutions.
Breathe Services Ltd (BSL), a debt advice company based in Bolton, first came to our attention as part of a wider investigation into complaints received about unsolicited phone calls to potentially vulnerable individuals.
In a failed attempt to hide their real identity, BSL was found to have spoofed its outbound phone number by presenting over 1,000 different telephone numbers on calls. In March 2023 we carried out a search at BSL’s office in Bolton, seizing evidence including documents and electronic devices.
Our extensive investigation revealed that between March – July 2022 and October – December 2022, BSL bombarded people with 4,376,037 unsolicited direct marketing calls to numbers that had been registered to the Telephone Preference Service (TPS). This resulted in 58 complaints to the TPS and a further 193 complaints to the ICO.
The types of complaints received stated:
“[They] kept saying they can help with my debt. I advised them I keep receiving calls and it’s making me feel suicidal […] I receive these calls from the same company every single day, sometimes three or four times a day.”
“I’ve asked the company every day for three weeks to remove my number […] and they still call every day! I am disabled and suffer with extreme anxiety and they will not leave me alone after weeks of begging!”
“As I am a university student this impacts my education and most recently, they phoned me over five times during an exam leading to my paper being voided and more pressure and stress.”
“On at least seven occasions I have specifically instructed for no further calls and to be removed from their call list […] These calls are incessant at all times of day and night.”
“The harassment has been ongoing for months. It has been incredibly annoying and stressful.”
During the investigation, we found that BSL had deliberately tried to conceal its actions as well as ceasing to cooperate with the ICO. As a result of this unlawful behaviour, the company has been fined £170,000.
During the same wider investigation into unsolicited marketing calls, a second company was identified: Money Bubble Ltd (MBL), a financial advice company based in Oldham.
It was found that between October – November 2022, the company made 168,852 spam calls resulting in several further complaints being made to the ICO and TPS. MBL did not provide evidence that anyone whose number had been called had consented to receiving calls from the company. We have issued a £120,000 fine.
Andy Curry, Interim Director of Investigations at the ICO, said:
“This is appalling behaviour by both companies, causing people distress, upset and anxiety. People registering with the Telephone Preference Service do so specifically to avoid these types of calls. I hope the fines that have been issued demonstrate that we will take action against rogue companies.
“A reputable company knows its legal obligations, accesses support and guidance from the ICO, and respects the role of the TPS and those who sign up to it. Both Breathe Services and Money Bubble ignored the measures which are in place to protect people’s privacy, showing complete disregard to all those that registered with the TPS.
“The enforcement action we have taken should act as a warning to any other organisation considering operating in a similar way.”
It is unlawful for an organisation to make marketing calls to any phone number registered with the TPS, unless the owner has given consent. People are reminded to register with the TPS should they want to opt out of unsolicited sales and marketing calls. They can also make a complaint to the ICO if you feel their information has been mishandled or have received spam messages or calls.
