The claimant appealed against a notice requiring him to pay a fine of 300,000 pounds under a penalty notice after his company had been involved in sending unwanted text messages on an industrial scale. There were hundreds of thousands of them sent from hundreds of unregistered sim cards seeking out potential claims for mis-selling of PPI loans or for accidents.
Held: The notice was quashed. The effect of the contravention was likely to be widespread irritation but not widespread distress. Given the scale of the contravention, there was the possibility of some distress in very unusual circumstances but no logical likelihood of substantial distress as a result of the contravention. The contravention was not of a kind likely to cause substantial distress.
Warren NJ P
[2013] UKFTT EA – 2012 – 0260 (GRC
Bailii
Privacy and Electronic Communications Regulations 2003
England and Wales
Citing:
See Also – Niebel v Information Commissioner 2012 – 0260 (GRC) FTTGRC 14-Oct-2013
Decision On Further Preliminary Issue : Privacy and Electronic Communications Regulations 2003 . .
Lists of cited by and citing cases may be incomplete.
Information
Updated: 26 November 2021; Ref: scu.517973