THE RESULT OF PROSECUTION PROCEEDINGS TAKEN AGAINST THREE IRELAND LIMITED AND VODAFONE IRELAND LIMITED HAS BEEN ASSENTED BY DPC

On the 6th of September, The Data Protection Commission (DPC) assented the result of prosecution proceedings that were carried out in the Dublin Metropolitan District Court against two well-known telecommunications companies in relation to marketing offences under S.I. 336 of 2011 in the Dublin Metropolitan District Court.

1. Three Ireland (Hutchison) Limited admitted guilty to two charges of sending unrequested marketing emails to one customer who had not consented to his email address being used by the company for marketing aims. 

The complainant opted-out of receiving marketing emails in February 2021. When Three Ireland (Hutchison) Limited tried executing the opt-out request, the system was not updated properly because of two simultaneous requests causing a sequence loss. In the following weeks, three more marketing emails were sent to the complainant  

 In the end, the court applied the Probation of Offenders Act in this case on the basis that the company will donate €3,000 to the Little Flower Penny Dinners charity.

2. Vodafone Ireland Limited admitted guilty to a total of seven charges of sending unrequested marketing text messages, emails, and telephone calls without consent. 

In one of the cases, a former customer called Vodafone seven separate times to opt-out of receiving marketing phone calls. The agent did not follow proper procedures and that is why he could not be opted-out of receiving further marketing calls. The complainant closed his account with Vodafone Ireland Limited.

In the other two cases, the complainants are current customers of Vodafone Ireland Limited. 

In another case, the customer received a marketing call to his mobile phone number. The customer told the caller that he did not want to receive further marketing calls. Despite his request, he received twelve marketing phone calls more from Vodafone Ireland Limited. The agent did not take any action to change the complainant’s marketing preferences. 

In the last one, the complainant filled in a transfer of ownership form on which he clearly reflect that he does not want to receive any marketing communications from Vodafone Ireland Limited. The agent performing the transaction failed to follow a process to input the customer’s marketing preferences. In consequence, the customer received a further fourteen unsolicited marketing messages.

The Court convicted Vodafone Ireland Limited on seven charges and it imposed fines totaling €1,400.

You can find the press release here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr