In July 2021, the DPC received one complaint from an individual regarding an unsolicited marketing telephone call received from Vodafone Ireland Limited. In response to the DPC’s investigation of the complaint, Vodafone Ireland Limited explained that the existing customer had opted out of receiving marketing communications in March 2018. Despite this, Vodafone Ireland Limited had carried out a manual check of preferences in advance of conducting a marketing campaign, and due to human error, the complainant was included in the marketing campaign.

The DPC had previously prosecuted Vodafone Ireland Limited in 2021, 2019, 2018, 2013 and 2011 for breaching Regulation 13 of the ePrivacy Regulations in relation to previous complaints. Accordingly, the DPC decided to proceed to another prosecution arising from this complaint case. At Dublin Metropolitan District Court on 27 June 2022, Vodafone Ireland Limited pleaded guilty to one charge under Regulation 13(6) of the ePrivacy Regulations. The District Court applied the Probation of Offenders Act 1907 in this case, on the basis of a charitable donation of €500 to Little Flower Penny Dinners. Vodafone Ireland Limited agreed to discharge the DPC’s legal costs.