The DMA announced that it had expelled Britton Group SMR for failing to complete its annual Member Compliance Questionnaire - part of the DMA's Code of Practice. This follows the expulsion of M-Tech Computers and Bite in July.
The ICO is also weeding out offenders. It served Enforcement Notices on five firms under the Privacy and Electronic Communications Regulations 2003 in December. The firms came under fire for telephoning people who had expressly asked not to be called, or who had registered on the Telephone Preference Service.
IDT Direct (Toucan), Staybrite Windows, Zenith Windows, Bowater Windows and Bowater Home Improvement have 30 days to comply with the Notices. Failure to do so would result in court action, which could see the firms receive fines of up to £5,000 in a Magistrates' Court, or an unlimited fine in a High Court.
The ICO however is pushing for tougher sentences. "We feel sentences aren't high enough in terms of fines," said an ICO spokesperson. "The ICO is keen to campaign for jail sentences of up to two years."
In response to this call, the Department for Constitutional Affairs has launched the consultation on "increasing penalties for deliberate and wilful misuse of personal data". The outcome of this will be available early in the year.
Others in the industry would like to see tougher sentences. "A £50,000 fine to a company that's making millions a year in profit by abusing the medium is irrelevant," said John Price, director of Brookmead Consulting and Price Direct, and chair of the DMA's Contact Centre Council.
Price also pointed to a problem surrounding sentences being threatened but not carried out: "There's a hue and cry at the moment among companies that want to do it better but see their competitors getting away with it."
In what could be seen as an example of this, Ofcom announced last month that it had decided to continue its investigations rather than impose the threatened £50,000 fine against four firms that had broken rules on silent calls.
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