First ICO fine issued under new rules for nuisance calls and spam texts

Help Direct UK are the first company to be prosecuted under the new rules that removed the need for the Information Commissioner’s Office (ICO) to prove that substantial ‘damage’ or ‘distress’ had been caused to consumers. Now, the ICO only has to prove that there has been a breach of the Privacy and Electronic Communications Regulations (PECR); either the breach was deliberate or the company knew or ought to have known that there was a risk that the contravention would occur; and the company failed to take reasonable steps to prevent it.

Commenting on the case, Anne Jones, Assistant Commissioner for Wales said:

“The company has also shown a blatant disregard for the rules by ignoring enforcement action we issued earlier this year. They are now facing the consequences of that decision.

“Help Direct’s actions are unacceptable and we will act to stop companies behaving in this way. We have the power to prosecute anyone ignoring our enforcement notices and, as well as the fine, Help Direct can expect even more action from us.”

The DMA had long lobbied for a change in the law to make it easier to prosecute rogue businesses that bring the entire telemarketing and SMS marketing industry into disrepute. We welcome this fine by the ICO and hope it will deter other rogue businesses contemplating breaking the regulations to send out nuisance calls and spam texts.