Warning to businesses after three companies admit sending unsolicited marketing messages

The prosecutions were brought by the office of the Data Protection Commissioner.

In the case against AA Ireland, the court heard a motorist had been looking for an insurance quote and called them on Dec. 5 last. During the call he stressed that he did not want them to use his details for future marketing. The court heard he told the customer service agent, “please make sure I am not marketed by AA”.

He decided not to get a policy with them but the following day he received a text message on his phone from AA Ireland that read: “Thanks for an AA inquiry, call now for €50 off”. He sent an opt out text.

A day later, on Dec. 7 last, he got another message from them saying: “Reminder, you can get €50 off”.

He told the Assistant Data Protection Commissioner he had specifically told AA Ireland he did not want to be contacted for marketing purposes.

Mr Delaney said the complainant felt that this was typical of a “hard sell, devil may care, attitude of many of these companies”.

The defence explained it happened as a result of a “human error”. Judge Brennan noted they had agreed to pay prosecution costs and had co-operated with the investigation. He applied the Probation Act, sparing them a fine as well as a court conviction.

In evidence, Assistant Data Protection Commissioner Tony Delaney told Judge John Brennan that the Dublin Mint Office Ltd contacted a customer who had previously bought a Michael Collins commemorative coin from them.

He had made the purchase in the name of his six-year-son and had opted out of receiving marketing messages. However, on Oct. 13 last he received a marketing call from them, asking for his son.

Mr Delaney said the investigation revealed there had been a gap in their system and they had opted the customer out of email and postal marketing but not for phone marketing.

The company agreed to pay costs and had pleaded guilty the judge noted.

He also accepted that they had addressed the problem and had no prior convictions

Judge Brennan applied the probation act sparing the firm a conviction.

The court heard that Viking Direct Ireland emailed a business on April 18, 2017 after it’s owner tried to opt out of their mailing list three times. The owner had sent them messages previously and told them “I’m getting really annoyed now”.

There were 282 emails sent to the business from January 2014 until April 2017. Mr Delaney accepted the Viking Direct Ireland had co-operated with the investigation

Judge Brennan told their solicitor it was a serious matter and he was adjourning their case until June 11 next for a representative of the company to be in court.

The prosecutions were brought because of the office of the Data Protection Commissioner’s “two-strikes” policy in relation to marketing offences and unwanted calls and messages. A first complaint can lead to a warning but if it continued they face a court prosecution.

Speaking following the proceedings today Assistant Data Protection Commissioner Tony Delaney said the circumstances outlined in evidence to the court in relation to the offending behaviour in all three cases demonstrates how companies can easily fall foul of the marketing regulations.

"To ensure compliance with the law robust processes for managing consents and opt-outs as well as continuous staff training are essential requirements in the marketing department of every company that issues unsolicited marketing communications by text message, email or by cold calling. As today’s cases show, companies that breach the marketing regulations will face prosecution by the Data Protection Commissioner without exception.”