Two individuals trading as Tetrus Telecoms sent many millions of unsolicited direct marketing text messages (intending to source, for example, payment protection insurance and road traffic accident claims), using over 16,000 unregistered SIM cards. In these text messages, Tetrus Telecoms concealed their identity and/or failed to provide a valid address by which the recipients could request that the text messages cease. The individuals made a considerable profit from Tetrus Telecoms.
The ICO received over 400 complaints about Tetrus Telecoms: complainants often received multiple text messages over a short period, received text messages after following the supposed opt-out procedure and had to pay international charge rates to retrieve text messages whilst abroad. Tetrus Telecoms took measures to evade detection by the ICO, whose investigation included raids of Tetrus Telecoms' premises.
The Commissioner held that there were serious breaches of the requirements (i) not to transmit unsolicited direct marketing communications by electronic mail (which includes text messaging) unless the recipient has previously notified the sender that he or she consents and (ii) not to transmit direct marketing communications by electronic mail where the identity of the sender is disguised or concealed or where a valid address to which the recipient may opt out of such communications has not been provided (contrary to the Privacy and Electronic Communications (EC Directive) Regulations 2003 (the PECR)). The cumulative amount of distress suffered by the huge numbers of individuals affected meant that the breaches caused substantial distress. The two individuals were therefore collectively fined £440,000. This is the first time the ICO has served a fine for a breach of the PECR, since it was provided with the power to do so in January 2012. The ICO's full decisions can be found here and here.
Tetrus Telecoms also failed to register as a data controller with the ICO, and the Commissioner indicated that it will be taking separate action in respect of this.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.