Digital Growth Experts Ltd v Information Commissioner [2023] UKFTT 458 (GRC) (31 May 2023)

Digital Growth Experts Ltd v Information Commissioner [2023] UKFTT 458 (GRC) (31 May 2023)

DGE sent 16,190 unsolicited direct marketing text messages without valid consent, failed to identify itself as sender, and did not provide opt-out mechanisms, in breach of regulations 22 and 23 of PECR. DGE knew or ought to have known of the risk and failed to take reasonable steps to prevent the contravention. The...

Source-derived case information.

Citation
[2023] UKFTT 458 (GRC)
Parties
Appellant: Digital Growth Experts Ltd; Respondent: Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
31 May 2023
Procedural Posture
Appeal Against Monetary Penalty Notice (mpn) Under PECR / First Tier Tribunal (general Regulatory Chamber) Final Judgment
Outcome
Appeal dismissed
Legal Topics
Unsolicited Direct Marketing, Consent Under GDPR, Monetary Penalty Notices, Electronic Communications, PECR Compliance
Data Protection Privacy Law Regulatory Law Unsolicited Direct Marketing Consent Under GDPR Monetary Penalty Notices Electronic Communications PECR Compliance

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Parties

Digital Growth Experts Ltd

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal Against Monetary Penalty Notice (mpn) Under PECR / First Tier Tribunal (general Regulatory Chamber) Final Judgment

Legal Issues

  1. 1 Whether DGE contravened regulations 22 and 23 of PECR by sending unsolicited marketing text messages without valid consent
  2. 2 Whether the monetary penalty of £60,000 imposed by the Information Commissioner was fair, proportionate, and lawful
  3. 3 Whether the Information Commissioner properly considered DGE's representations and financial position

Ratio Decidendi

DGE sent 16,190 unsolicited direct marketing text messages without valid consent, failed to identify itself as sender, and did not provide opt-out mechanisms, in breach of regulations 22 and 23 of PECR. DGE knew or ought to have known of the risk and failed to take reasonable steps to prevent the contravention. The penalty of £60,000 was fair, proportionate, and dissuasive, and the Information Commissioner properly considered DGE's representations and financial position.

Court Disposition

Appeal dismissed

Orders

  • The monetary penalty notice of £60,000 is upheld against Digital Growth Experts Ltd.