Data Protection - Companies misusing information

kai_lani

Hi All,

Not strictly consumer rights but I couldn;t fit this question in anywhere else.

My GF works for a <ducks> equity release service as a call handler. When the company do mass mailings or ads in newspapers and stuff, she deals with the information written on (or not) the returns.

Problem is, that often, many replies agree to further information by post only (through a checkbox system) and often cross through or write "no phone contact" in the bit where it asks for phone numbers. When these come in, she is expected to input full details on the company database, finding a phone number from the BT directory disc or 118 numbers so the sales people can call the person to check they still want info sending by post. This seems pretty unethical to me, but more importantly, I'm sure she/her company are acting illegally. She has challenged this procedure but has been told that if she doesn't like the job she can always find another.

Thoughts please.

hollydays

Ask advice from the Information Commissioner?

No doubt she could put this is writing to her company,if she was dismissed she may have grounds for a claim.Consult the CAB.


There has been some stuff in the Press recently about the upsurge in loan sharks,and there is a helpline here.
Whilst these people aren't loan sharks-their methods need investigating.Perhaps this organisation could put you in touch with someone from the press who might investigate these illegal practices.

http://www.guardian.co.uk/money/2009/mar/03/loan-shark-hotline-debt

http://campaigns.direct.gov.uk/stoploansharks/

This seems like pressure selling.You are most likely to get someone from the press interested while the subject of sharp practices is currently in the public eye. ie now

Or contact Which
http://news.bbc.co.uk/1/hi/business/4583310.stm

Who is the Company?

kai_lani

i have emailed the IC this morning just before posting on here so we'll see how that goes.

I feel from your post that you're of the same opinion as me that this practice is technically illegal...

hollydays

I am no expert,but if you give a company your personal data for an agreed reason (so they can contact you by post),it follows they may be in breach of that if they use your data for a reason you didn't agree to.However The Information Commissioner are often toothless,and even if they agree to do something about it,it may be nothing that will bother the company.

Shaming them by using the press might be more productive.

For me though,it leaves a nasty taste in the mouth because they want to contact people by phone because they can pressurize them that way,which is not what should be happening by a company that is presumably licenced with the fsa.

wantmemoney

@kai_lani,
this is off topic (slightly}

hollydays wrote:

Shaming them by using the press might be more productive.

unfortunately most (all?) newspaper groups also contain data collecting subsidiary companies.

you know when people receive unsolicited premium rate text messages they swear blind they have not signed up for.
http://www.phonepayplus.org.uk/business/adjudications/search.asp?AD=05%2F02%2F2009&SP=Blue+Stream+Mobile+Limited&ST=&SpLookup=Search&Keywords=&cmd=2

Blue Stream Mobile is owned by American Mobile Ventures. AMV also own Antiphony.
http://www.phonepayplus.org.uk/business/adjudications/search.asp?cmd=3&id=813

and where did they obtain their 'customers' mobile numbers?

The Executive received 76 consumer complaints in respect of the Sex Dates service, 52 of whom specifically indicated to PhonepayPlus, that the SMS messages received from the service were unsolicited. None of the complainants reported to have knowingly opted-in to receive marketing for the service. The Executive requested the service provider supply information in order to assist the investigation, including an explanation as to how 18 complainants had opted-in to receive promotions for the service. The service provider stated that opt-ins varied from 3rd party purchases from companies such as News International and Monster mob (hard opt-ins) and opt-ins obtained as a result of consumers having provided their details whilst using previous Antiphony services (soft opt-ins). The Executive spoke to four of the allegedly opted-in complainants, three of whom stated that they had had never used the opt-in method specified by the service provider, namely via use of the website text-date.com. The remaining complainant could not specifically recall whether or not he had used a WAP site. The Executive considered that the service appeared to have sent SMS messages to users, for the specific purpose of direct marketing, which if found to be unsolicited would constitute an offence of Regulation 22.

News International ?
http://www.newsinternational.co.uk/

hollydays

I think the newspapers will be interested in "the pressure selling to unfortunates and the elderly" angle with info obtained dishonestly,rather than the misuse of data angle