Case study 3: Prosecution of Fairco Ltd / Pure Telecom for calling numbers listed on the NDD opt-out register [2010] IEDPC 3 (2010)

Case study 3: Prosecution of Fairco Ltd / Pure Telecom for calling numbers listed on the NDD opt-out register [2010] IEDPC 3 (2010)

Defendants made unsolicited marketing calls to individuals whose numbers were listed on the NDD opt-out register, constituting offences under Regulation 13(4)(b) of S.I. 535 of 2003.

Citation
[2010] IEDPC 3
Parties
Defendant: Fairco Ltd; Defendant: Pure Telecom; Prosecutor: Irish Data Protection Commission
Jurisdiction
Ireland
Procedural Posture
Criminal Prosecution / Conviction and Sentencing
Outcome
conviction and fines imposed
Legal Topics
Unsolicited Marketing Calls, NDD Opt Out Register, Regulation 13(4)(b) S.i. 535 of 2003
Data Protection Telecommunications Criminal Law Unsolicited Marketing Calls NDD Opt Out Register Regulation 13(4)(b) S.i. 535 of 2003

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Parties

Fairco Ltd

Defendant

Pure Telecom

Defendant

Irish Data Protection Commission

Prosecutor

Procedural Posture

Criminal Prosecution / Conviction and Sentencing

Legal Issues

  1. 1 Whether defendants made unsolicited marketing calls to numbers listed on the NDD opt-out register in contravention of Regulation 13(4)(b) of S.I. 535 of 2003

Ratio Decidendi

Defendants made unsolicited marketing calls to individuals whose numbers were listed on the NDD opt-out register, constituting offences under Regulation 13(4)(b) of S.I. 535 of 2003.

Court Disposition

conviction and fines imposed

Orders

  • Fine of €300 imposed on Fairco Ltd
  • Fine of €1,250 imposed on Pure Telecom