The Information Commissioner’s Office (ICO) has fined Digital Growth Experts Limited (DGEL) £60,000 for sending thousands of nuisance marketing texts at the height of the pandemic.

Seeking to capitalise and profit from the pandemic DGEL sent the texts, of which 16,190 were received, between 29 February and 30 April 2020 promoting a hand sanitising product that it claimed to be “effective against coronavirus”. The messages were all sent to people who had not consented to receive them.

Andy Curry, Head of Investigations at the ICO, said:

“DGEL played upon people’s concerns at a time of great public uncertainty, acting with a blatant disregard for the law, and all in order to feather its own pockets. We will prioritise action on organisations carrying out similar activity.

“Direct marketing laws are clear and it is the responsibility of businesses to ensure they comply. Ignorance of it or attempting to rely on vague and misleading evidence in support of a marketing campaign simply does not wash.

“The sending of nuisance marketing texts are a significant concern to the public, and the ICO will continue to take action where our advice is not followed and where we find serious, systemic or negligent behaviour that puts people’s information rights at risk.”

Throughout the ICO’s investigation, DGEL was unclear and inconsistent in its responses, and it was unable to provide sufficient evidence that it had the consent it is required to have under the Privacy and Electronic Communications Regulations 2003 (PECR).

DGEL came to the attention of the ICO when complaints forwarded via short text 7726 to the GSMA’s Spam Reporting Service were incorporated into the ICO’s Monthly Threat Assessment, which is used to identify organisations in breach of PECR.

DGEL has also been issued with an enforcement notice ordering it to comply with the PECR within 30 days of receipt of the notice.

SOURCE: AUTORITA’ PER LA PROTEZIONE DEI DATI DEL REGNO UNITO – ICO