In May 2019, the DPC received a complaint from an individual who said they had been receiving direct marketing text messages from Littlewoods since March. The complainant stated that they had followed the instructions to unsubscribe by texting the word ‘STOP’ on five occasions to a designated number known as a short code, but they had not succeeded in opting out and they continued to get marketing text messages.

In the course of our investigations, Shop Direct Ireland Limited (t/a Littlewoods Ireland) confirmed it had a record of the complainant’s opt-out from direct marketing texts submitted through their account settings on the Littlewoods website on 8 May 2019. It did not, however, have a record of their attempts to opt-out of direct marketing texts on previous occasions using the SMS short code. This was due to human error in setting up the content for the SMS marketing messages. The company said that the individual responsible for preparing and uploading content relating to marketing texts had mistakenly included the opt-out keyword ‘STOP’ instead of ‘LWISTOP’ at the end of the marketing texts.

Shop Direct Ireland Limited had previously been prosecuted by the DPC in 2016 in relation to a similar issue, which resulted in a customer attempting, without success, to unsubscribe from direct marketing emails. On that occasion, the court outcome resulted in the company making a donation of €5,000 to charity instead of a conviction and fine.

The DPC decided to prosecute the company in respect of direct electronic marketing offences in relation to the May 2019 complaint.

At Dublin Metropolitan District Court on 29 July 2019, Shop Direct Ireland Limited (t/a Littlewoods Ireland) entered guilty pleas to two charges relating to sending unsolicited direct marketing text messages. The court ruled that the company would be spared a conviction and fine if it donated €2,000 each to the Peter McVerry Trust and the Little Flower Penny Dinners charities and section 1(1) of the Probation of Offenders Act was applied.