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	Irish Data Protection Commission Case Studies
You are here: BAILII >> Databases >> Irish Data Protection Commission Case Studies >> Case study 3: Prosecution of Regine Ltd for the sending of unsolicited marketing text messages [2011] IEDPC 3 (2011) URL: http://www.bailii.org/ie/cases/IEDPC/2011/[2011]IEDPC3.html Cite as: [2011] IEDPC 3

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Case study 3: Prosecution of Regine Ltd for the sending of unsolicited marketing text messages [2011] IEDPC 3 (2011)

In 2010 I received a complaint regarding marketing text messages sent by Regine Ltd, trading as Fran & Jane. The complainant stated that she had never consented to the receipt of marketing text messages from them. She informed me that she had phoned the Fran & Jane outlet in Clarendon Street, Dublin on numerous occasions to ask for her phone number to be removed but despite her requests she continued to receive marketing text messages. Furthermore, the text messages contained no opt-out mechanism.

In response to our investigation, Fran and Jane admitted that it had no opt-out facility in the message due to a lack of awareness about this requirement. It indicated that, in future, an opt-out would be included in all marketing text messages. Regarding its failure to respond to the opt-out requests made by telephone to its Clarendon Street outlet, it informed us that the database of customer contact details is controlled at its head office and that the outlet concerned had not passed on the opt-out requests. It apologised for these oversights. At this point, in May 2010, Fran & Jane informed us that the complainant's mobile phone number had now been removed from its marketing database. In line with our usual "two-strikes" policy on such matters we noted its assurances and we issued a formal warning.

The same complainant contacted us again in October 2010 to inform us that she had received a further marketing text message from Fran & Jane despite the previous assurances given to my Office.  We contacted the company again and we were informed that due to human error it had removed a different but similar number from the database on the previous occasion.  Fran & Jane then assured us in November 2010 that the complainant's phone number had been fully removed from its database.

While our investigation was ongoing, the complainant contacted us for a third time to inform us that she had received another marketing text message in December 2010 which did not include an opt-out facility.  On seeking an explanation for this latest breach, Fran & Jane told us that its service provider for the marketing service was responsible. We subsequently received correspondence direct from the service provider. This indicated that when the number was given to it by phone for the purpose of being opted out, it was initially entered on the stop list system as a fax number. This was noticed and it was altered to a mobile number on one platform. The alteration was not made on a second platform. This led to the number being targeted again on a further marketing campaign. It informed us that it had since corrected the error.

I decided to take prosecution proceedings in this case in light of the repeated offending behaviour. In June 2011 the case came before Dublin Metropolitan District Court where Regine Ltd, trading as Fran & Jane, pleaded guilty in respect of one offence under Regulation 13(1)(b) of SI 535 of 2003 (as amended) for the sending of a direct marketing text message without consent. The Court accepted the guilty plea, a conviction was recorded and a fine of €450 was imposed.