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In a recent crackdown on illegal marketing practices, the Information Commissioner’s Office (ICO) has levied fines totalling £170,000 against three financial services companies, shedding light on the persistent issue of illegal direct marketing. These fines, issued under the Privacy and Electronic Communications Regulations (PECR), highlight the serious consequences of disregarding privacy laws in the pursuit of profit.

 

One of the companies penalised, Digivo Media Ltd, trading as Rid My Debt, received a £50,000 fine for sending over 415,000 text messages between 24th March 2021, and 7th September 2021. These messages, promoting “free advice” or a “free pack,” were sent without valid consent, violating privacy regulations.

 

MCP Online Ltd (MCP) faced a £55,000 penalty for making unsolicited financial services calls about pensions. Making 20,939 unwanted direct marketing calls to individuals registered with the Telephone Preference Service (TPS) between 1st January 2022, and 28th September 2022, MCP breached regulations governing live marketing calls.

 

Argentum Data Solutions Ltd, a data processing and hosting provider, incurred a £65,000 fine for sending and allowing third parties to send over 2.3 million direct marketing text messages without valid consent. These messages, promoting various services, failed to identify the sender or provide recipients with an option to opt-out, constituting a breach of PECR.

 

The victims of such predatory communications could be vulnerable individuals, including the elderly or those with dementia. Unwanted text messages and nuisance calls, particularly those pressuring individuals into financial products, can cause real distress and harm.

 

The ICO’s commitment to curbing unscrupulous companies engaging in predatory marketing is evident. The recent fines show the need for stronger measures against these practices. The government is already implementing an initiative to ban cold calling for consumer financial services and products, recognising the potential to reduce predatory marketing calls. 

 

These types of marketing calls can massively impact people who fall victim. Often they are sold pension plans or risky investments which leave them financially stuck. Illegal marketing isn’t just annoying for people and a privacy infringement, it can cause serious issues if the people behind the marketing are trying to scam their victims. 

 

These enforcement actions serve as a reminder that respecting privacy laws and obtaining valid consent are not just legal obligations but crucial components of ethical and responsible business conduct. The fight against illegal marketing requires collective efforts to protect individuals from unwanted intrusions and safeguard their privacy rights.

 

Johnson Law Group January 3, 2024
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