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UK data watchdog fines three text spammers for flouting electronic marketing rules

(2023/11/03)


A "debt management company" is itself facing a bill from Britain's data regulator for sending hundreds of thousands of text messages to households that opted not to receive marketing junk mail.

Digivo Media Ltd, which traded as Rid My Debt, dispatched 415,000 texts over five and a half months ending September 2021, according to the Information Commissioner's Office (ICO).

The offending messages promised "free advice" and a "free pack" should people go the company website. But the recipients were registered with the Telephone Preference Service (TPS) so Digivo Media was breaching Privacy and Electronics Communications Regulations (PECR). The ICO fined the company [1]£50,000 ($61,110).

[2]

Misery loves company, and another entry in the ICO hall of shame this week is MCP Online, which is nursing a [3]£55,000 penalty ($67,221) for making an unspecified number of "unsolicited financial services calls about pensions," the ICO said. Again, those on the receiving end were registered with the TPS.

[4]

[5]

The biggest fine of the three, [6]£65,000 ($79,443), went to Argentum Data Solutions (ADS), a data processing and hosting provider for businesses to send direct marketing SMS messages to people formally registered with TPS.

The ICO found ADS had sent and allowed third parties to send upwards of 2.3 million direct marketing texts. The topic of the messages ranged from car finance compensation claims to housing repairs.

[7]Equifax scores £11.1M slap on wrist over 2017 mega breach

[8]Big Brother is coming to a workplace near you, and the privacy regulator wants a word

[9]Brit healthcare body rapped for WhatsApp chat sharing patient data

[10]Marketing biz sent 107 million spam emails... to just 437k people

Andy Curry, head of investigations at the ICO, said in a statement: "We're working to stop these unscrupulous companies who use predatory marketing communications to target people who are, or who may be, at the most risk of harm. These people could be your elderly parents, grandparents or even a neighbour who might have dementia and the last thing they need is a barrage of unwanted text messages or nuisance calls.

"High-pressured sales calls pushing financial products can cause real distress and harm to the people on the receiving end. That's why we support the government's recent consultation calling for a ban on cold calling for consumer financial services and products, and believe this could help reduce the amount of these predatory marketing calls."

[11]

ICO penalties for businesses that flout PECR come thick and fast, including [12]five made famous in September for collectively making 1.9 million call to TPS members, and a [13]pair of energy suppliers in June that posed as the National Grid and UK government.

It's not only SMEs that are rapped by the ICO – [14]Halfords was fined a year ago for breaching email marketing laws. No doubt there'll be more offenders in the not too distant future, which rather suggests that these fines aren't a huge deterrent.

The ICO issued 34 fines in 2022, the vast majority of which were for breaking electronic marketing rules. According to [15]analysis by cybersecurity and data protection biz URM Consulting, the fines brought in £16 million ($19.5 million) to the Treasury, though the biggest, [16]£7.5 million ($9.2 million) against Clearview , was [17]cancelled recently . ®

Get our [18]Tech Resources



[1] https://ico.org.uk/action-weve-taken/enforcement/digivo-media-limited-mpn/

[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZUUnO4Q@5hnPixcMhyZVnQAAAJU&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[3] https://ico.org.uk/action-weve-taken/enforcement/mcp-online-ltd-mpn/

[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZUUnO4Q@5hnPixcMhyZVnQAAAJU&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZUUnO4Q@5hnPixcMhyZVnQAAAJU&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[6] https://ico.org.uk/action-weve-taken/enforcement/argentum-data-solutions-ltd-mpn/

[7] https://www.theregister.com/2023/10/13/equifax_fca_fine/

[8] https://www.theregister.com/2023/10/04/ico_workplace_monitoring_guidance/

[9] https://www.theregister.com/2023/08/03/nhs_ico_warning/

[10] https://www.theregister.com/2023/04/17/ico_spam_email_fine/

[11] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZUUnO4Q@5hnPixcMhyZVnQAAAJU&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[12] https://www.theregister.com/2023/09/21/ico_fines_another_bad_bunch/

[13] https://www.theregister.com/2023/06/09/ico_cold_call_fines/

[14] https://www.theregister.com/2022/09/08/halfords_ico_email_breach_pecr_fine/

[15] https://www.urmconsulting.com/blog/analysis-of-fines-imposed-by-the-information-commissioners-office-in-2022

[16] https://www.theregister.com/2022/05/23/clearview_ai_ico_fine/

[17] https://www.theregister.com/2023/10/19/uk_tribunal_agrees_with_clearview/

[18] https://whitepapers.theregister.com/



It's fine

elsergiovolador

So 415k messages for £50k - that works out to be 12p per message. A bit steep, but still in the realms of cost of doing business if the ROI was on point.

What's the point of ICO, can someone remind me?

Re: It's fine

Vometia has insomnia. Again.

There isn't one, really. My last interaction with them was trying to get them to correct some personal information when the organisation holding it refused to do so and they just said "well it's just their opinion and we're all entitled to our opinion", or words to that effect. No, it wasn't an opinion, it was factually incorrect but the ICO doesn't seem capable of distinguishing.

I'm also wondering what's with this new habit of putting every single cash amount in the USD equivalent: I'm sure US readers can figure it out for themselves after the first one, if they're even all that interested. I recall they didn't do this before their inexplicable move to American Spellings Uber Alles if they published an article about the US. I often get this feeling that someone there is trying a bit too hard to make a point.

Re: It's fine

Anonymous Coward

I suppose we should be grateful they don't simply quote them in USD alone.

***** BRING BACK DABBSY! *****

Re: It's fine

Anonymous Coward

the point is window dressing. Looks pretty from the distance, but the closer you get to it, the more staples and dead flies, etc. But hey, somebody gets paid for this and guess who's paying them.

Yeah, that’ll learn ‘em.

David 132

The companies named in the article will promptly pay up and move into more virtuous business models.

They absolutely won’t just declare bankruptcy and sell all their assets & customer lists for a nominal sum to newly-registered, almost-identically named companies that coincidentally share the same principal directors. No way.

Tubz

Do they actually publish how much of the fines they actually recover against what they issue ? if not why not, something to hide, like they don't bother their overpaid arses and it's just lip service to justify their existence, wages and generous government pension pots.

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