Two firms have been fined a combined £225,000 by the Information Commissioner’s Office after investigations found widespread breaches of the rules governing direct marketing. The penalties relate to large volumes of unsolicited messages sent without valid consent.
Allay Claims Ltd, based in Newcastle upon Tyne, has received a £120,000 fine. Between February 2023 and February 2024 the company sent more than four million marketing text messages promoting PPI tax refund services. The ICO found that the messages were sent without proper consent and did not meet the requirements of the soft opt in exemption.
A second penalty has been issued to Bristol based ZMLUK Limited, previously known as Zuru Media Ltd. The company has been fined £105,000 after sending more than 67 million marketing emails between January and July 2023. These emails advertised a variety of products and services and relied on data obtained from third parties. The investigation concluded that recipients were not given clear and informed choices about receiving marketing communications.
The ICO said both cases demonstrate a failure to meet the legal standard for consent, which requires people to knowingly agree to receive marketing messages. Using third party data or unclear consent mechanisms was found to fall short of these requirements.
Andy Curry, head of investigations at the ICO, said: “Unwanted marketing messages are more than just an irritation – they’re an intrusion that can cause real distress.
“The law here is clear: businesses must only send marketing messages to people who have freely and knowingly consented to receiving them. Relying on vague or third-party consent, or sending marketing messages under the guise of service updates, isn’t enough.
“We want to thank every member of the public who reported these messages. Public reporting plays a crucial role in our work, and where we see organisations causing harm through unlawful marketing, we will not hesitate to step in.”
The ICO has reiterated that enforcement action will continue where organisations fail to comply with electronic marketing laws, particularly where large scale messaging causes harm or distress to recipients.
