On-line shoppers receive unsolicited marketing from T. [2007] IEDPC 15

On-line shoppers receive unsolicited marketing from T. [2007] IEDPC 15

T. breached statutory requirements by failing to honor unsubscribe requests, due to deficiencies in its marketing system and manual processes, resulting in continued unsolicited emails to complainants.

Citation
[2007] IEDPC 15
Parties
Complainant: Complainants (individual online shoppers); Respondent: T.
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Investigation and Resolution
Outcome
Amicable resolution achieved; complaints resolved to satisfaction of all parties.
Legal Topics
Direct Marketing, Electronic Communications, Unsolicited Emails, Right to Unsubscribe
Data Protection Consumer Protection Direct Marketing Electronic Communications Unsolicited Emails Right to Unsubscribe

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Parties

Complainants (individual online shoppers)

Complainant

T.

Respondent

Procedural Posture

Data Protection Complaint / Investigation and Resolution

Legal Issues

  1. 1 Whether T. contravened legal requirements by continuing to send direct marketing emails after unsubscribe requests
  2. 2 Whether T.'s unsubscribe facility complied with statutory obligations

Ratio Decidendi

T. breached statutory requirements by failing to honor unsubscribe requests, due to deficiencies in its marketing system and manual processes, resulting in continued unsolicited emails to complainants.

Court Disposition

Amicable resolution achieved; complaints resolved to satisfaction of all parties.

Orders

  • T. corrected technical and manual errors in unsubscribe process.
  • T. removed complainants from marketing database.