Data Protection Commission welcomes outcomes in prosecutions of marketing offences

The Data Protection Commission (DPC) has welcomed the outcome of two rounds of prosecution proceedings that were taken today in Dublin District Courts. The cases were taken by the DPC against two companies and in both cases, the DPC had previously issued warnings on foot of previous complaints made to the Office.

Linevana Limited trading as Cassidy Travel and Classic Resorts

At Dublin Metropolitan District Court, before Judge A. Halpin, Linevana Limited trading as Cassidy Travel and Classic Resorts pleaded guilty to two charges of sending unsolicited marketing emails to a customer after she notified the company that she did not wish to receive such emails.

In lieu of a conviction and fine, the Court asked the company to make a contribution of €700 to the Little Flower Penny Dinners. The company also agreed to pay the DPC’s costs in full to the amount of €700.

The DPC previously issued a warning to the defendant in May 2023. This followed the investigation of a complaint from a member of the public in relation to a marketing email sent to the complainant’s email address without consent.

Pulsegym Limited trading as Energie Fitness Dublin 8

At Dublin Metropolitan District Court before Judge Halpin, Pulsegym Limited trading as Energie Fitness, Dublin 8 pleaded guilty to one charge of sending unsolicited marketing SMS text messages to a customer after she notified the company that she did not wish to receive such messages.

In lieu of a conviction and fine, the Court asked the company to make a contribution of €700 to the Little Flower Penny Dinners the Company also agreed to pay the DPC’s costs in full to the amount of €670.

The DPC previously issued a warning to the defendant in July 2023. This followed the investigation of a complaint from a member of the public in relation to marketing SMS text messages sent to complainant’s phone number without consent.

Dr Des Hogan, Chairperson and Commissioner for Data Protection commented that “the DPC has today successfully prosecuted two companies for sending unsolicited marketing communications without consent. As these proceedings demonstrate, the DPC actively monitors alleged infringements and enforces breaches established by law.

Those engaged in electronic marketing activities should take note of the consequences, which may arise if they breach the regulations. It is critical that before they embark on electronic marketing campaigns, companies carry out robust testing and checks with their service providers to ensure that they have valid and up-to-date consent of the individuals on their marketing lists and that their opt-out mechanisms are fully functional.”