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DPC prosecutes two for unsolicited marketing

The Data Protection Commission (DPC) has welcomed the outcome of two rounds of prosecution proceedings taken yesterday (27 May) in Dublin District Courts.

The cases were taken by the DPC against two companies for sending unsolicited marketing communications without consent.

In both cases, the DPC had previously issued warnings to the companies involved on foot of previous complaints made to its office.

At Dublin Metropolitan District Court, Linevana Limited trading as Cassidy Travel and Classic Resorts pleaded guilty to two charges of sending unsolicited marketing emails to a customer after she notified the company that she did not wish to receive such emails.

DPC’s costs paid

In lieu of a conviction and fine, the court asked the company to contribute €700 to the Little Flower Penny Dinners. The company also agreed to pay the DPC’s costs in full to the amount of €700.

Also at Dublin Metropolitan District Court, Pulsegym Limited trading as Energie Fitness, Dublin 8 pleaded guilty to one charge of sending unsolicited marketing text messages to a customer after she notified the company that she did not wish to receive such messages.

In lieu of a conviction and fine, the court asked the company to contribute €700 to the Little Flower Penny Dinners. The company also agreed to pay the DPC’s costs in full to the amount of €670.

‘Robust checks’

Dr Des Hogan (chair and Commissioner for Data Protection) said that the proceedings showed that the DPC actively monitored alleged infringements and enforced breaches established by law.

“Those engaged in electronic marketing activities should take note of the consequences, which may arise if they breach the regulations,” he warned.

“It is critical that, before they embark on electronic marketing campaigns, companies carry out robust testing and checks with their service providers to ensure that they have valid and up-to-date consent of the individuals on their marketing lists and that their opt-out mechanisms are fully functional,” he concluded.