Quick Tax Claims Ltd v Information Commissioner
The Appellant breached Regulations 22 and 23 PECR by sending unsolicited direct marketing SMS messages without valid consent and without providing a mechanism to opt out; consent mechanisms via third-party data sources were not freely given, specific, informed or unambiguous; the ICO correctly exercised discretion...
Source-derived case information.
- Parties
- Appellant: Quick Tax Claims Ltd; Respondent: Information Commissioner
- Jurisdiction
- England and Wales
- Judgment Date
- 25 April 2025
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Consent, Direct Marketing, Opt Out Mechanisms, Enforcement Notice, Monetary Penalty Notice
Source-derived case record
Summary, issues, holding and outcome
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Parties
Quick Tax Claims Ltd
Appellant
Information Commissioner
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether recipients provided valid consent for direct marketing by SMS under PECR
- 2 Whether SMS messages provided a means to opt out as required by PECR
- 3 Whether the ICO exercised discretion appropriately in issuing the Enforcement Notice
Ratio Decidendi
The Appellant breached Regulations 22 and 23 PECR by sending unsolicited direct marketing SMS messages without valid consent and without providing a mechanism to opt out; consent mechanisms via third-party data sources were not freely given, specific, informed or unambiguous; the ICO correctly exercised discretion in issuing the Enforcement Notice.
Court Disposition
Appeal dismissed
Orders
- Enforcement Notice upheld; Appellant required to comply with PECR by not transmitting messages in breach of Regulations 22 or 23.
Full Case Text
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