Courts / Dublin / Report

Phone companies get the message after fines over marketing

Date
2013-12-02
Stage
Sentence
Primary locality
Dublin
County
Dublin

Summary

Dublin District Court handed down sentences to four telephone companies for alleged breaches of communications regulations, following a case brought by the Data Protection Commissioner. Judge John O'Neill noted that Eircom, Meteor, and Vodafone pleaded guilty at an early stage and co-operated with the investigation. Eircom, which faced two charges including an alleged unsolicited visit to a customer who had opted out, was fined €3,000. Meteor pleaded guilty to three offences, including sending unsolicited marketing texts to a customer who had previously opted out, and was ordered to pay fines totalling €9,000. Vodafone, which faced 11 charges involving alleged unwanted promotional calls and texts despite prior opt-out requests, was fined €21,000 and ordered to donate €12,000 to charities. O2, which faced three counts and had no prior convictions, was spared a conviction but ordered to pay €2,000 to three charities. The court heard that O2 had sent texts to approximately 78,000 customers who had not consented to promotional messages. Meanwhile, a separate case brought by the Data Protection Commissioner against Pure Telecom was adjourned.

Who, what, where, when and why

What: Report matter: Phone companies get the message after fines over marketing. Charges or matters: pay fines totalling €9,000; Vodafone have to pay fines amounting to €21,000 and must donate €12,000 to charities; three offences, and Mr Delaney said that they had sent unsolicited marketing texts to a customer who had already informed Meteor they did not want to get these messages. Procedural stage: sentence

When:

Why: One upset woman, who had an ex-directory telephone number because she had previously received death threats, was contacted by a sales agent on behalf of Eircom and he later turned up at her house, without showing ID, Dublin District Court heard. Court evidence reported by CNI

Case subjects

Data Protection Commissioner

Applicant

Charges: pay fines totalling €9,000; Vodafone have to pay fines amounting to €21,000 and must donate €12,000 to charities; three offences, and Mr Delaney said that they had sent unsolicited marketing texts to a customer who had already informed Meteor they did not want to get these messages (Alleged Or Contested)

Outcome: Judge John O'Neill noted that the companies had pleaded guilty at an early stage and had co-operated with the investigation: Eircom was fined €3,000; Meteor was ordered to pay fines totalling €9,000; Vodafone have to pay fines amounting to €21,000 and must donate €12,000 to charities.; Meanwhile a case the Data Protection Commissioner has taken against Pure Telecom was adjourned.

Pure Telecom

Applicant

Outcome: Pure Telecom was adjourned.

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