Reported incident: Poxell Ltd and Skean Homes Ltd, £250,000 in fines for calls to TPS numbers

This is a publicly reported regulatory case. The organisation is not, and has not been, one of our clients.

What happened

These were two separate penalties against two companies, each with its own monetary penalty notice. The ICO announced them together in one news release on 16 January 2024. Both companies were investigated after complaints about unsolicited marketing calls in the energy and home improvement sector.

Poxell Ltd, of Wood Green, London, marketed energy saving products and services such as double glazing, doors, solar panels and resin driveways. Between 31 March 2022 and 20 July 2022 it made 3,024,744 connected calls. Of these, 2,647,805 went to numbers that had been registered with the Telephone Preference Service (TPS) for more than 28 days. The calls led to 413 complaints: 203 to the TPS and 210 to the ICO. One complainant reported more than 40 calls, and complaints indicated that people with dementia and other serious illnesses had been called. Poxell's penalty notice, for £150,000, is dated 3 August 2023.

Skean Homes Ltd, of Bournemouth, promoted loft insulation and resin driveways, including energy grants for resin driveways. Between 2 March 2022 and 31 May 2022 it made 614,342 connected calls to numbers registered with the TPS for more than 28 days. These led to 31 complaints: 20 to the ICO and 11 to the TPS. Callers used the names "Eco Hub", "Driveway Solutions" and "Eco Driveways", and at least one complainant said the caller claimed to be part of their local council. Skean's penalty notice, for £100,000, is dated 11 January 2024.

Together the two companies made 3,262,147 calls to TPS-registered numbers, which is the source of the combined figure of about 3.26 million. The ICO also issued both companies with enforcement notices ordering them to stop calling people registered with the TPS or who had previously objected to their calls.

What the regulator found

• Both companies breached regulation 21 of PECR by making marketing calls to numbers registered with the TPS for more than 28 days, and regulation 24 by failing to identify themselves properly on the calls.
• Poxell did not identify itself, did not allow its number or another contact number to be displayed, and did not give a contact address.
• Poxell used multiple caller line identities (CLIs) to avoid detection, a method the penalty notice calls snowshoeing.
• Poxell failed to engage with the ICO's investigation, including failing to respond to information notices. It kept making unlawful calls until its communications provider ended its service in August 2022 for failure to pay. The ICO found Poxell's breach was deliberate.
• Skean did not identify itself on the calls, or gave false company names.
• Skean said it had let a lead generation provider use its dialler and telephone numbers for five to six weeks because of a technical issue, and suggested a TPS screening glitch or a rogue employee. The ICO found no evidence that a third party was using Skean's caller identities when the calls were made.
• The ICO did not consider that Skean deliberately set out to break the law, but found it negligent. Because Skean relied heavily on direct marketing, it should have familiarised itself with the law.
• Each notice offered a 20% reduction for prompt payment: to £120,000 for Poxell if paid by 4 September 2023, and to £80,000 for Skean if paid by 13 February 2024.

Lessons for small organisations

• If you phone people to promote your services, screen every list against the TPS, and the Corporate TPS for business numbers, before you call. Registrations can take up to 28 days to become active, so rescreen before each campaign rather than relying on an old check.
• Always say who is calling and show a number people can call back on. Never use invented trading names or suggest a link to a council or other public body.
• Keep your own do-not-call list of everyone who has asked not to be called, and check every calling list against it.
• Control who uses your phone lines and caller IDs. If you use a lead generator, call centre or bought-in list, check how numbers are screened and keep written evidence. The ICO did not accept Skean's claim that a third party made the calls.
• If the ICO contacts you, reply fully and on time. Poxell ignored the ICO's information notices and still received a £150,000 fine.

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