04/12/2012

Fines Of Up To €250,00 Threaten Against 'Spamming' Companies

Prosecution and fines of up to €250,000 will be used against companies who persist in sending unsolicited marketing messages by text and email, the Data Protection Commissioner (DPC) has warned.

On Monday Dublin-based Therapie and the Carphone Warehouse were convicted and fined for sending such unsolicited marketing material.

The beauty salon and phone retailer were among four companies in court facing prosecution by the commissioner.

Therapie were convicted and fined €2,000 on two charges, with Carphone Warehouse fined €1,250 on each of its two charges.

Meteor was also prosecuted over the sending of an unsolicited marketing text.

While the customer was the only one who complained to the commissioner, the message had been sent to between 11,000 and 18,500 people who should not have received it, the court heard.

The judge said if the company paid €5,000 to Temple Street children’s hospital by December 17th he would strike out the charge. If the money was not paid by that date he would convict and impose a fine of €5,000.

Hutchison 3G, trading as Three, was prosecuted on three charges – one of sending an unsolicited email, one in relation to an unsolicited phone call, and a third in relation to an unsolicited marketing text message sent to deputy DPC Gary Davis.

Judge O’Neill asked the company to pay €2,500 to Crumlin children’s hospital by December 17th. If payment was made he would strike out the charge.

In all cases the companies pleaded guilty and the court heard they had covered the DPC’s costs.

The commissioner’s office said it was particularly concerned to be prosecuting telecommunications companies again. If they did not get the clear message this time, then it would have to seek fines of €250,000 so the message was clearly understood.

(H)


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