Virgin Media Community

[LThomas83]

Hello there,

I keep getring nuisance calls from the above number claiming to be VM and upgrade my services. I have told them numerous times to stop calling but it never ends! This evening they called at 1845 and woke up my two young children! 

I called VM customer services who told me it must be a scam as there is no record of anyone calling, but now I have read that 0800 183 6403 is in fact a Virgin number! 

Please can someone confirm if this is a genuine VM number, and if so how I go about stopping these calls as they are driving us nuts!

Thank you xxx

[Tudor]

Even if th number specified is a VM owned number, you cannot be sure that it was VM calling you. This is because called Id is extremely easy to spoof, so it could be anyone. 

[Shelke]

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@LThomas83 wrote:

I keep getring nuisance calls from the above number claiming to be VM and upgrade my services. I have told them numerous times to stop calling but it never ends! This evening they called at 1845 and woke up my two young children! 

I called VM customer services who told me it must be a scam as there is no record of anyone calling, but now I have read that 0800 183 6403 is in fact a Virgin number! 

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I don't have a list of all the known numbers, but:

A) Telling VM's marketing team to stop calling does not work. They cannot and do not opt you out of marketing calls. You can edit your marketing preferences here: https://my.virginmedia.com/my-profile/my-preferences or call in about it. Please note that it takes up to four weeks for your details to clear entirely from the marketing teams database.

B) Calling the customer support line to check the calls won't help as they cannot look into the systems the marketing people are hooked up to/or don't know how to locate those systems, for them to be able to see what has been going on there. Customer support would give you the standard response that it is probably a scam.

[Sololobo]

Refer to the GDPR regulations, Article 21, the Right to object: https://gdpr-info.eu/art-21-gdpr/

1. 1The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. 2The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

See the ico advice on Direct Marketing: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-r...

Direct marketing

An individual can ask you to stop processing their personal data for direct marketing at any time. This includes any profiling of data that is related to direct marketing.

This is an absolute right and there are no exemptions or grounds for you to refuse. Therefore, when you receive an objection to processing for direct marketing, you must stop processing the individual’s data for this purpose.

However, this does not automatically mean that you need to erase the individual’s personal data, and in most cases it will be preferable to suppress their details. Suppression involves retaining just enough information about them to ensure that their preference not to receive direct marketing is respected in future.

Using the legal processes available to you means that any breach is actionable in law.

[teabag]

The two main number Virgin sales use at present are

08001836403 usually ringing about the Broadband/TV ect sales

08000521251 usually from mobile side.

[teabag]

@Sololobo

so would it be best to contact Virgin's DPO first, or go straight to the ICO?.

The mobile side just have no interest of taking note that I have been opted out of any Marketing for ages. Back in June they were ringing - had my account updated again to No Marketing, December exactly the same, now March and the calls have started again 😞

[Sololobo]

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@teabag wrote:

@Sololobo

so would it be best to contact Virgin's DPO first, or go straight to the ICO?.

The mobile side just have no interest of taking note that I have been opted out of any Marketing for ages. Back in June they were ringing - had my account updated again to No Marketing, December exactly the same, now March and the calls have started again 😞

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Hi teabag,

In the first instance contact VM directly and inform them that under GDPR  Article 21, the Right to Object, you wish to be removed from all forms of direct marketing.

NOTE: All forms of contact, be it email, letter or telephone contact are covered by this legislation.

https://gdpr-info.eu/art-21-gdpr/

1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. 2 The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

Take particular note of sections 1, 2 and 3 of the above.

Also note the ico guidance on this matter:- https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-r...

Direct marketing

An individual can ask you to stop processing their personal data for direct marketing at any time. This includes any profiling of data that is related to direct marketing.

This is an absolute right and there are no exemptions or grounds for you to refuse. Therefore, when you receive an objection to processing for direct marketing, you must stop processing the individual’s data for this purpose.

However, this does not automatically mean that you need to erase the individual’s personal data, and in most cases it will be preferable to suppress their details. Suppression involves retaining just enough information about them to ensure that their preference not to receive direct marketing is respected in future.

Also note the following:-

How do we recognise an objection?

The GDPR does not specify how to make a valid objection. Therefore, an objection to processing can be made verbally or in writing. It can also be made to any part of your organisation and does not have to be to a specific person or contact point.

A request does not have to include the phrase 'objection to processing' or Article 21 of the GDPR - as long as one of the conditions listed above apply.

This presents a challenge as any of your employees could receive a valid verbal objection. However, you have a legal responsibility to identify that an individual has made an objection to you and to handle it accordingly. Therefore you may need to consider which of your staff who regularly interact with individuals may need specific training to identify an objection.

Additionally, it is good practice to have a policy for recording details of the objections you receive, particularly those made by telephone or in person. You may wish to check with the requester that you have understood their request, as this can help avoid later disputes about how you have interpreted the objection. We also recommend that you keep a log of verbal objections.

I'm sure that Virgin Media, as a law abiding company, will fully comply with all relevant legislation with regards to the GDPR.

If Virgin Media fail to comply with your request to be removed from direct marketing contact then that's the point where you should contact the ico and complain that Virgin Media are in breach.

And you should!

Finally:- I apologise for the length of this post.

[teabag]

Well Virgin do not treat it as a matter of urgency 🙂

An email went straight off too   dpo@virginmedia.co.uk

But as yet no reply or even acknowledgement they are in receipt not the email.

[Sololobo]

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@teabag wrote:

Well Virgin do not treat it as a matter of urgency 🙂

An email went straight off too   dpo@virginmedia.co.uk

But as yet no reply or even acknowledgement they are in receipt not the email.

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Time for the Seven Dwarves

Hi Ho, Hi ho,

It's off to the ico we go.

[jscadden]

I contacted Virgin Mobile and told them they were NOT to make any more phone calls as they were pestering my Granddaughter several times a day! My Granddaughter is 14 years old! I have just checked her phone and found they are making several calls a day to her!!!!!

I live between junctions 6 & 7 of the M£W. Virgin Corporate Headquarters are just off junction 5! Do I have to make that visit?