The Hearing Clinic (the Clinic), a claims management company specialising in claims for noise induced hearing loss, has been fined £220,000 by the Claims Management Regulator (the CMR) following the investigation by the CMR of hundreds of complaints received about the company regarding cold-calling.
According to the government's announcement on the fine, the CMR has additionally imposed on the Clinic restrictions relating to using third-party company data and against contacting members of the public registered with the telephone preference service.
The £220,000 fine by the CMR represents the first fine given out by the CMR since the CMR were awarded additional powers in December 2014. The CMR have stated that -
"Companies should be in no doubt that if they break the rules then we won’t hesitate to fine them in addition to the tough action we already take".
This is an interesting development as the fine was not issued by the ICO, who would also have the powers to fine for this breach. On its website, the ICO states "The ICO works closely with MOJ Claims Management Regulation Unit in investigating claims management companies making unsolicited marketing calls.". Unlike with the FCA, there does not appear to be a formal memorandum of understanding in place between the ICO and the CMR yet.
To view the government's press release on this story, please click here.
To view the full decision by the CMR, please click here.