An accident claims company keeps phoning - are they breaking data protection law?

Six months ago my wife had a minor accident (nobody else involved) which resulted in an insurance claim. Over the past couple of weeks we have received several calls from an organisation calling itself the Accident Support Group. The caller feigned sympathy and explained that he wanted to ensure that we are okay after the accident and that everything has been satisfactorily sorted out. On both occasions we told the caller to go away (or words to that effect) and hung up. But I'd like to know whether these people are breaking data protection law with their repeated unsolicited calls. If they are, who can I report the matter to?

Asked on 20 December 2018 by Penner

Answered by Honest John
They are breaking the law. The issue is the calls are likely being made from India, which means not much you can do. You need to find out exactly who the company is and ask who they are regulated by. It could be through the FCA, CMR or the SRA. You would then need to complain to the regulator. Alternatively, you could write to the company to advise that you request they stop contacting you. Should they contact you, the charge is £500 per phone call, and you will deem it as acceptance of the contract should they do so. Send it recorded delivery to them.

The FCA have banned cold calling. If the company is UK based, they can be fined or shut down. If the call is from outside the UK, put call barring on your phone.
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