Unfounded complaint about unsolicited marketing text messages [2008] IEDPC 5

Unfounded complaint about unsolicited marketing text messages [2008] IEDPC 5

The text messages were not unsolicited as they were initiated from the data subject's mobile number, likely by a household member without her knowledge, and no contravention of SI 535 of 2003 occurred.

Citation
[2008] IEDPC 5
Parties
Complainant: Data Subject; Respondents: Four Data Controllers
Jurisdiction
Ireland
Procedural Posture
Complaint / Final Determination
Outcome
complaint dismissed
Legal Topics
Unsolicited Marketing Messages, Consent for Electronic Communications

Case Brief

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Parties

Data Subject

Complainant

Four Data Controllers

Respondents

Procedural Posture

Complaint / Final Determination

  1. 1 Whether the text messages received by the data subject were unsolicited and in contravention of SI 535 of 2003

Ratio Decidendi

The text messages were not unsolicited as they were initiated from the data subject's mobile number, likely by a household member without her knowledge, and no contravention of SI 535 of 2003 occurred.

Court Disposition

complaint dismissed