Patricia Gibson
Main Page: Patricia Gibson (Scottish National Party - North Ayrshire and Arran)I am delighted to have secured a debate on this important issue following my early-day motion 223 entitled “Calling time on nuisance calls”, which was launched at the end of June and attracted support from Members from across the House. I am also pleased that so many Members are staying for this debate so late in the evening. That is an indication, if any were needed, that this issue affects constituents in every part of the United Kingdom.
Very soon after the election, a number of constituents raised this matter with me in exasperation and despair at the fact that they were unable to find peace and quiet in their own homes because of the constant torrent of nuisance calls at all hours of the day and evening. These calls fall into three types: live marketing calls; recorded marketing calls; and abandoned, silent calls. They ask: do you want a conservatory? Would you like to save money on your gas, electricity, broadband, credit card and so on? Have you had an accident in the past X years? Have you claimed payment protection insurance money to which you are entitled? Would you like to take out a convenient loan? The list goes on and on.
We know that such calls are not just a nuisance—they are much more than that. They cause real distress, anxiety and upset, particularly to the elderly and the vulnerable, who simply cannot ignore their ringing phone because it is often the single most important means of friends and family keeping in touch with them.
This subject clearly transcends issues of party or region. In my constituency, there have been a number of these phone calls in the past few months to the vulnerable, the elderly, the young and the educationally disadvantaged—those four categories of people have been taken advantage of. Not only are they receiving nuisance calls, but they are losing money. Does the hon. Lady feel that legislation needs to be put in place to ensure that they are not losing money to these scams, which are occurring across the whole of the United Kingdom of Great Britain and Northern Ireland?
The hon. Gentleman makes an important point. I was going to discuss the fact that we know that the way in which our data are used and passed on leaves the consumer without any real control. Studies have shown that there is evidence to suggest that certain groups in society are deliberately targeted.
Research undertaken by Which? tells us that eight out of 10 people said that cold calls were an annoying feature of their daily lives, with a worrying one third admitting that they found such calls intimidating and 56%—more than half—saying that they were discouraged from answering their phones. Make no mistake, the scale of this problem is huge and the effect on the lives of many of our constituents demands our attention.
I congratulate the hon. Lady on securing this Adjournment debate. Many of these calls, which affect all of our constituents, up and down the country, originate abroad. Does she have any idea as to how we can bear down on nuisance calls from companies based outside this country, in addition to dealing with the calls from this country?
There is talk and co-operation going on, with Ofcom leading the way, looking at what can be done at European and international level. Beyond that, it is a case of knocking heads together to see how we can better regulate and control the data that leave this country.
Registering with the Telephone Preference Service is the obvious first step for those who feel that their lives are blighted by nuisance calls. Although that is an important tool, it cannot stop all unsolicited calls.
Does my hon. Friend agree that this issue particularly affects many older people? My constituency postbag is full of correspondence from older people who are concerned about nuisance calls.
My hon. Friend is absolutely right. Not only do old people suffer more anxiety and distress about these calls, but they seem to be targeted—the research would seem to bear that out.
Ofcom estimates that the TPS can stop only about a third of nuisance calls, and that is because the issue of consent can be very confusing for consumers; it is not always clear that they have given their consent for their data to be passed on to other parties by ticking or not ticking a box on a form. In addition—
Let me make some progress and then I will give way. In addition, there is often a lack of clarity about the sheer range of other parties that people may have “agreed” to share their data with. As a result, those who register with the TPS may still be subject to a barrage of nuisance calls. Perhaps most worryingly, the evidence from StepChange Debt Charity is truly chilling: one in three of its service users—people who are in severe financial difficulty—has received an unsolicited marketing call offering a payday loan. It is absolutely shocking that unsolicited marketing calls for high-risk credit are encouraging financially vulnerable households to spiral deeper into problem debt. Before seeking advice, 15% of people said that they went on to take out further loans, borrowing an average of £980. That is not all. People who have already taken out a payday loan are significantly more likely to be targeted by nuisance calls or texts for payday loans. According to a report by the Children’s Society, 42% of people with a payday loan are contacted at least once a day, compared with only 11% of those who do not have a payday loan.
Chillingly, more than 1 million British adults say that they have been tempted to take out high-interest credit such as a payday loan as a direct result of an unsolicited marketing call or text. I urge the Minister to use his influence to persuade the Financial Conduct Authority to bring forward stronger rules to tackle the unsolicited marketing of high-risk credit products, such as payday loans. More must be done.
Following the Government’s action plan and the subsequent Which?-led taskforce, which reported in December 2014, a series of recommendations for Government regulators and businesses focused on finding solutions that work within the existing legislative structure. That includes director level responsibility and also requiring businesses to show their numbers when they call. Ofcom wants all communication providers to stop charging for caller line identification display. Only BT and Virgin now do so, but it is hoped that all providers will make such a move following the forthcoming EU framework review.
Businesses need to make public commitments to tackling nuisance calls. It is also important that consumers have much greater control over their personal data. Indeed, it is essential that, if and when consumers give their consent to be contacted by companies, it is clear to the consumers that he or she is doing so and, further, that it is easy for the consumer to revoke that consent should they wish to.
The hon. Lady is making a compelling speech on this subject. Does she agree that it would be very helpful if every time someone made such a call as this, they were required to say exactly how they had come by that information and on what basis they were relying on the consent of the person whom they were ringing?
The hon. Gentleman makes an excellent point, and the Minister would do well to pay much attention to it.
Consumers are often targeted by nuisance calls, because, at some point, they ticked the box, or more commonly failed to tick the box. I am talking about a teeny, tiny box at the bottom of a page of tiny writing, which the consumer often does not even see. This gives consent to companies to contact them by telephone and pass on their personal details to third parties.
Let us not forget scam calls, the goal of which is to defraud consumers. Indeed, work done by some local authorities suggests that as many as 15% of nuisance calls to vulnerable customers are, in fact, scam calls. It is yet another sign that the consumer has very little control over their personal data. Who knows where the data can land as they pass through hands that are not always scrupulous?
Does my hon. Friend agree that it is not only older adults who are at risk from these unscrupulous callers, but vulnerable people who have mental health problems or learning difficulties?
Absolutely. A whole range of people in society need the protection of the law and tighter regulation in this area.
Mobile phone users have not escaped this plague. In fact, many mobile phone users are simply unaware that they can register their mobile number with the TPS, and only 3% have done so.
My own local authority, North Ayrshire council, is doing some excellent work to help protect vulnerable consumers. It has invested in 10 call blockers and, out of 32 local authorities in Scotland, it blocks the third highest number of nuisance calls. The call blocking device ensures that only trusted sources can get through and it stops nuisance callers in their tracks before the residents’ phones have the chance even to ring. One consumer has had slightly more than 2,000 calls blocked in a four-month period. Although that is to be applauded, it is a disgrace that any one household would be subjected to such a barrage of nuisance calls.
With automated messages, my hon. Friend will be aware that one can often press 9 to remove oneself from the list. Does she agree that telling a cold caller to remove one’s number from the list should be enough for them not to call anymore?
Absolutely. The difficulty, though, is that a person’s personal data are out there among a host of organisations that will further continue to pester them.
It is essential that the Government reconsider whether the rules about how our data are collected, used and traded need to be tightened. We must get the balance right between enabling decent businesses to carry out direct marketing activity when consumers have given their consent for their personal data to be used and preventing the abuse of their data by unscrupulous businesses. I also urge the Government to lead a cross-sector business awareness campaign to ensure that companies know their responsibilities as regards marketing calls and texts and to consider how future legislation could tackle nuisance marketing.
Does my hon. Friend recognise the impact of the charitable sector’s cold calling on our communities? These discussions should also include the Office of the Scottish Charity Regulator and the Charity Commissions for England and Wales and for Northern Ireland to ensure that charities recognise their duty of care to the vulnerable and the elderly.
My hon. Friend makes an excellent point. This should include all organisations that choose to use cold calling as one of their tools.
Senior executives need to be made more responsible for the actions of their companies. Although the Government have committed funding to an awareness campaign, more action is required and there is, in my view, an important role for the Financial Conduct Authority. It is time that the responsibility was no longer placed so heavily on the victims of nuisance calls and businesses who engage in this practice should be held more accountable for the genuine distress and anxiety they cause to consumers.