On 7 November 2016, the UK Information Commissioner’s Office (“ICO”) fined a loan matching service firm £70,000 for hiring a company to send spam SMS messages to over 2 million individuals on its behalf.

The messages were sent over a period of 6 months and, crucially, were sent without checking whether the recipients had consented to receiving them. They were thereby considered to be “unsolicited communications for the purposes of direct marketing by means of electronic mail” in contravention of The Privacy and Electronic Communications (EC Directive) Regulations 2003 (“The PECR”) which regulates marketing by electronic means (including via SMS messaging, telephone, email, and fax).

The fine was imposed despite a finding by the ICO Commissioner that the company did not deliberately breach The PECR, but did so negligently on the basis that it ought reasonably to have known that such behaviour would amount to a contravention (given that, in particular, “the

Article source: http://www.lexology.com/library/detail.aspx?g=2789f53b-1c7c-4b5b-ab02-6e5f4f11adc9

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