Irish court warns online firms against spamming

Paddy Power-Betfair and other Irish online firms were reprimanded, but escaped serious criminal penalties when they were hauled before an Irish court this week following complaints of spamming activity.

Instead, they were inveighed to halt such activity, pay prosecution costs and make donations to charity…but warned that repeated appearances could result in more punitive penalties.

The court adjourned the case to December 12, when the matter will be dismissed if the bookmaking firms show they have been compliant.

Appearing before Dublin district Judge John Brennan with Paddy Power-Betfair were travel agents Trailfinders Ireland, Topaz fuels, and cosmetics company Dermaface…all prosecuted by the office of the Data Protection Commissioner for breaking e-marketing regulations through unsolicited spam emails and text messages.

Judge Brennan held that they would be spared criminal convictions by paying prosecution costs and donating sums varying from Euro 300 to Euro 500 to charity.

After the court adjourned, Data Protection Commissioner Tony Delaney told reporters:

“Various difficulties which members of public experienced in relation to opting out of marketing communications emerged as a common theme in the cases prosecuted today.

“Those engaged in electronic marketing activities need to take note of the consequences which can arise if their systems fail to give full and proper effect to the expressed opt-out of their customers or others that they target with their marketing campaign.

“Also of particular note today was the case involving the capturing of marketing consent through the use of a free Wi-Fi system. This case highlighted how the acceptance of terms and conditions by the user concerned fell short of marketing consent as required by the marketing regulations.”

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