The UK’s data protection regulator, the Information Commissioner’s Office (“ICO”), has imposed a fine of £350,000 on Prodial Ltd (“Prodial”) for making over 46 million unsolicited automated telephone calls to generate leads in relation to payment protection insurance refunds.  This is the highest fine issued by the ICO to date.
Continue Reading Company Receives Record Fine from UK Regulator For Cold Calling

The UK Information Commissioner’s Officer (“ICO”) has issued its largest fine to date in connection with using an automated calling system to make direct marketing calls.  The ICO found that Home Energy & Lifestyle Management Ltd (“HELM”), a green energy company that made millions of automated marketing calls in relation to “free” solar panels, recklessly contravened UK regulations, and fined the company £200,000.
Continue Reading UK ICO Issues Largest Ever Fine In Connection With Automated Marketing Calls

By Lala Qadir

Canada’s telecommunications regulator, the Canadian Radio-Television and Telecommunications Commission (CRTC), issued its first fine under a new anti-spam law.  The CRTC alleged that Compu-Finder sent users emails without acquiring their consent and did not provide a way for consumers to unsubscribe from the emails.   Compu-Finder has 30 days to submit written representations to the CRTC or pay the penalty.  It can also request an “undertaking” with the CRTC on this matter.

Under Canada’s Anti-Spam Law (CASL), which came into effect on July 1, 2014, businesses are required to obtain explicit consent from users prior to sending them commercial electronic messages.  Prior to this law, companies relied on implied consent to assume that consumers consented to communications by providing them an email address.   Additionally, CASL prohibits making false or misleading representations in electronic communications and collecting personal information without consent.
Continue Reading Compu-Finder Subjected to $1.1M Penalty, First Fine Under Canada’s New Anti-Spam Law

On 28 November 2012, following an 18-month investigation, the UK Information Commissioner’s Office (ICO) announced that it had fined the joint owners of Tetrus Telecoms (Tetrus) a total of £440,000 under the Privacy and Electronic Communications Regulations (PECR).  The fine penalized Tetrus for sending millions of unsolicited text messages promoting opportunities to claim compensation for

After much mulling, the Canadian Parliament passed, on December 16, Bill C-28, the Fighting Internet and Wireless Spam Act, which creates a new regime for businesses engaged in online marketing.  The legislation regulates commercial “electronic messages,” a term defined broadly to include e-mail, instant messaging, text messages, and messages on “any similar account” —