In February 2024, the DPC received notification from an individual of an alleged unsolicited email communication from Thérapie Clinic. The individual had provided the DPC with a copy of their marketing preferences and a copy of an unsolicited email communication. 

Subsequent to further investigation, Thérapie Clinic confirmed to the DPC that the complainant was a client of theirs and had not given consent to receive marketing communications. Thérapie Clinic conducted an internal investigation, which found that the email message, which was the subject of the complaint,  had been sent manually by a member of staff in one of their clinics. 

The email was not a system-generated message, and therefore no opt-out mechanism had been included in the communication. As such, the individual  had received an unsolicited marketing email message without an option to optout of receiving further marketing messages. As the DPC had issued a warning in February 2023 to Thérapie Clinic in regards to a previous complaint, the DPC decided to prosecute arising from this complaint case.

On 25 October 2024, Thérapie Clinic was prosecuted for sending unsolicited emails to a customer who had previously opted out of receiving marketing communications. The company was found to have violated Regulation 13(12) (c) and Regulation 13(13)(a)(i) of S.I. No. 336/2011 - European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011. In lieu of a conviction and fine, the Dublin Metropolitan District Court ordered the company to make a donation of €325 to the Little Flower Penny Dinners charity and to pay the DPC’s legal costs.