Unsolicited text messages [2008] IEDPC 4

Unsolicited text messages [2008] IEDPC 4

IXT's failure to detect recycled numbers resulted in unsolicited adult content messages being sent to individuals who had not consented, including a minor, constituting a breach of data protection and direct marketing regulations.

Citation
[2008] IEDPC 4
Parties
Respondent: IXT; Complainant: Two mobile phone users (one minor)
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Investigation and Resolution
Outcome
amicable resolution
Legal Topics
Unsolicited Communications, Recycled Mobile Numbers, Adult Content, Direct Marketing
Data Protection Telecommunications Unsolicited Communications Recycled Mobile Numbers Adult Content Direct Marketing

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Parties

IXT

Respondent

Two mobile phone users (one minor)

Complainant

Procedural Posture

Data Protection Complaint / Investigation and Resolution

Legal Issues

  1. 1 Whether sending unsolicited adult content messages to recycled mobile numbers constitutes a breach of data protection and direct marketing regulations
  2. 2 Whether consent was validly obtained for sending such messages

Ratio Decidendi

IXT's failure to detect recycled numbers resulted in unsolicited adult content messages being sent to individuals who had not consented, including a minor, constituting a breach of data protection and direct marketing regulations.

Court Disposition

amicable resolution

Orders

  • IXT to refund charges incurred by both individuals
  • IXT to offer written apologies to both individuals