ICO (UK) - AFK Letters Co. Ltd
| ICO - AFK Letters Co. Ltd | |
|---|---|
 | |
| Authority: | ICO (UK) |
| Jurisdiction: | United Kingdom |
| Relevant Law: | Privacy and Electronic Communications (EC Directive) Regulations 2003 |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | 04.08.2023 |
| Decided: | 27.03.2025 |
| Published: | 25.04.2025 |
| Fine: | 90,000 GBP |
| Parties: | AFK Letters Co. Ltd |
| National Case Number/Name: | AFK Letters Co. Ltd |
| European Case Law Identifier: | n/a |
| Appeal: | Unknown |
| Original Language(s): | English |
| Original Source: | ICO (in EN) |
| Initial Contributor: | cwa |
A controller was fined £90,000 (€105,412.95) for making over 95,000 unsolicited marketing calls to numbers on a do-not-call list, in violation of national electronic communication legislation.
English Summary
Facts
AFK Letters Co (controller) is a business which seeks refunds and compensation on behalf of their customers.
Following the receipt of multiple complaints from members of the public about repeated and unsolicited marketing calls, the ICO (UK DPA) launched an investigation.
The investigation revealed that between the period of 3rd January and 27th July 2023, the controller made a total of 95,131 marketing calls. A majority (56%) of these were made to individuals or businesses registered with the Telephone Preference Service (TPS), the UK’s do-not-call list, or the Commercial TPS.
Furthermore, the consent statements and call sponsor details provided to the DPA listed the controller.
Holding
The DPA found that the controller infringed regulation 21 of the Privacy & Electronic Communication Regulation (PECR) for having made 95,277 marketing calls to numbers listed on the TPC and CTPS. The DPA was also satisfied that the recipients of these calls had registered with the TPS longer that 28 days prior to having been called.
The DPA considered the infringement serious in nature as a total of 22 complaints were made by individuals in respect of marketing calls made during the period in question. The DPA also found the controller to have been negligent and noted that they failed to take reasonable steps to comply with PECR.
In setting the fine to be levied, the DPA was influenced by the fact that the majority of marketing calls made were made to TPS-registered numbers and that further complaints about the controller had been received after the investigation had commenced. The DPA issued a fine of £90,000 (€105,412.95).
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English Machine Translation of the Decision
The decision below is a machine translation of the English original. Please refer to the English original for more details.
