Case Study 2: Telecommunications companies prosecuted for marketing offences. [2011] IEDPC 2 (2011)

Case Study 2: Telecommunications companies prosecuted for marketing offences. [2011] IEDPC 2 (2011)

The court found that the defendants made unsolicited marketing communications to individuals who had opted out, in breach of SI 535 of 2003 regulations, and imposed fines or conditional orders accordingly.

Citation
[2011] IEDPC 2
Parties
Defendant: Eircom; Defendant: Vodafone; Defendant: O2; Defendant: UPC; Prosecutor: Irish Data Protection Commissioner
Jurisdiction
Ireland
Procedural Posture
Criminal Prosecution / Judgment and Sentencing
Outcome
convictions and conditional orders
Legal Topics
Unsolicited Marketing, Opt Out Register, Marketing Offences, Consumer Protection
Data Protection Telecommunications Criminal Law Unsolicited Marketing Opt Out Register Marketing Offences Consumer Protection

Case Brief

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Parties

Eircom

Defendant

Vodafone

Defendant

O2

Defendant

UPC

Defendant

Irish Data Protection Commissioner

Prosecutor

Procedural Posture

Criminal Prosecution / Judgment and Sentencing

Legal Issues

  1. 1 Whether telecommunications companies committed offences by making unsolicited marketing communications to individuals who had opted out
  2. 2 Whether companies failed to cleanse marketing lists against the opt-out register
  3. 3 Whether repeated unsolicited communications constitute separate offences

Ratio Decidendi

The court found that the defendants made unsolicited marketing communications to individuals who had opted out, in breach of SI 535 of 2003 regulations, and imposed fines or conditional orders accordingly.

Court Disposition

convictions and conditional orders

Orders

  • Eircom: Probation of Offenders Act applied, conditional upon payment of €2,000 to Accord.
  • Vodafone: Convictions entered, fines imposed (€250, €400, €1,000, €1,200 for four calls; €1,000 for unsolicited text).