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An investigation by the Information Commissioner’s Office (ICO) has found that a Greater Manchester firm broke the law around how organisations can use people’s details when sending marketing texts.

LAD Media, which is registered in Bury and has an office in Sale, has been fined £50,000 by the ICO for instigating the sending of nearly 400,000 spam texts about debt. 

Steve Eckersley, ICO Head of Enforcement, said:

“LAD Media did not comply with the law designed to protect people from receiving disruptive spam texts.

“This resulted in over 150 complaints about the text messages they were behind, and undoubtedly many other people were left frustrated and annoyed by the texts.  We’ve used these complaints to investigate the firm, resulting in today’s fine.”

The content of the text message was as follows:

“Government schemes allow you to write off a high % of debt you cannot afford, reply HELP or go to www.resolvefinance .co.uk for information.  Or Stop to opt-out.”

Mobile phone users can report the receipt of spam texts by forwarding the message to 7726. The ICO is provided with information from complaints made to the 7726 service.

Mr Eckersley said:

“I’d encourage anyone bothered by a spam text to report it via the tool on the ICO website or via the 7726 service. These reports inform our investigations and help us take action against firms responsible.”

LAD Media told the ICO that it had purchased the data used to send the text messages from a third party data supplier.  The text messages had then been sent on its behalf by another company.

The law says that organisations buying in lists of people’s details to use for marketing, or contracting another firm to carry out marketing for them, must still ensure they comply with the law. That means making rigorous checks to make sure the personal details have been obtained fairly and lawfully, and that the people have given the necessary consent to receive the text messages.

More advice on how to comply with the rules around direct marketing is available on the ICO website.

The rules on electronic mail marketing (which includes text messages) are in regulation 22 of PECR. In short, you must not send electronic mail marketing to individuals, unless:

• they have specifically consented to electronic mail from you; or
• they are an existing customer who bought (or negotiated to buy) a similar product or service from you in the past, and you gave them a simple way to opt out both when you first collected their details and in every message you have sent.

You must not disguise or conceal your identity, and you must provide a valid contact address so they can opt out or unsubscribe.

Notes for Editors

1. The Information Commissioner’s Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
2. The ICO has specific responsibilities set out in the Data Protection Act 1998, the Freedom of Information Act 2000, Environmental Information Regulations 2004 and Privacy and Electronic Communications Regulations 2003.
3. The ICO can take action to change the behaviour of organisations and individuals that collect, use and keep personal information. This includes criminal prosecution, non-criminal enforcement and audit. The ICO has the power to impose a monetary penalty on a data controller of up to £500,000.
4. The Privacy and Electronic Communications Regulations (PECR) sit alongside the Data Protection Act. They give people specific privacy rights in relation to electronic communications.
   • There are specific rules on:
     • cookies (and similar technologies);
     • keeping communications services secure; and
     • customer privacy as regards traffic and location data, itemised billing, line identification, and directory listings.
   • We aim to help organisations comply with PECR and promote good practice by offering advice and guidance. We will take enforcement action against organisations that persistently ignore their obligations.
5. The rules on electronic mail marketing (which includes text messages) are in regulation 22 of PECR. In short, you must not send electronic mail marketing to individuals, unless:
   • they have specifically consented to electronic mail from you; or
   • they are an existing customer who bought (or negotiated to buy) a similar product or service from you in the past, and you gave them a simple way to opt out both when you first collected their details and in every message you have sent.

You must not disguise or conceal your identity, and you must provide a valid contact address so they can opt out or unsubscribe.

6. Civil Monetary Penalties (CMPs) are subject to a right of appeal to the (First-tier Tribunal) General Regulatory Chamber against the imposition of the monetary penalty and/or the amount of the penalty specified in the monetary penalty notice.
7. Any monetary penalty is paid into the Treasury’s Consolidated Fund and is not kept by the Information Commissioner’s Office (ICO).
8. To report a concern to the ICO telephone our helpline 0303 123 1113 or go to ico.org.uk/concerns.