ICO - Monetary penalty Leads Work Limited

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ICO - Monetary penalty Leads Work Limited
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Authority: ICO (UK)
Jurisdiction: United Kingdom
Relevant Law: Article 4(11) GDPR
Article 6(1)(a) GDPR
Article 7(1) GDPR
Article 7(2) GDPR
Section 122(5) Data Protection Act 2018
Section 22 Privacy and Electronic Communications Regulations 2003
Type: Complaint
Outcome: Upheld
Started:
Decided: 01.03.2021
Published:
Fine: 250000 GBP
Parties: Leads Work Limited
National Case Number/Name: Monetary penalty Leads Work Limited
European Case Law Identifier: n/a
Appeal: Unknown
Original Language(s): English
Original Source: ICO (in EN)
Initial Contributor: Hrvoje Novacic

The ICO (International Commissioner's Officer) has fined Leads Works Ltd 250000 GBP (€291,237) for sending more than 2.6 million nuisance and unlawful direct marketing text messages to customers without their valid consent. Leads Works Ltd has continued to send significant numbers of marketing texts to individuals throughout, and since, the course of the Commissioner's investigation, incurring a substantial amount of complaints.


English Summary

Facts

2670140 mail messages have been sent between 16.05.2020 and 26.06.2020 during the Covid-19 pandemic. Members of the public have made to the ICO highest number of complaints to date, over 10000. ICO has also issued to Leads Works Ltd a 30 day enforcement notice.

Dispute

Customers did not give their direct and valid consent to receive direct marketing messages by mail. Examples of the messages sent include: “In lockdown and want to earn extra cash? Avon is now FULLY ONLINE, FREE to do and paid weekly. Reply with your name for info. 18+ only. Text STOP to opt out.”

Holding

Simple reliance on assurances of indirect consent alone without undertaking proper due diligence is not acceptable.

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