Feeds

Under-caution spam faxer fined over £6,000

Debt firm fax up

  • alert
  • submit to reddit

Boost IT visibility and business value

A man who sent hundreds of spam faxes while under caution from privacy regulator the Information Commissioner's Office (ICO) faces more than £6,000 in fines for his actions.

Robert Logan's debt recovery agency Clear Debt Solutions (CDS) sent over 800 unwanted faxes after being served with an Enforcement Notice by the ICO in September 2007 demanding that he stop sending the messages.

Logan is a director of Preston-based CDS, which was investigated by the ICO in September 2007 and ordered to stop sending faxes to people who had not consented to receiving them and to people whose numbers were listed by the Fax Preference Service (FPS).

The FPS is a list of numbers whose owners have requested that they not be sent unsolicited marketing communications.

Despite the Enforcement Notice from the ICO, CDS continued to send spam faxes. The ICO and the FPS received 822 complaints after the Notice had been served.

The ICO took legal action against Logan, who admitted 13 breaches of the Privacy and Electronic Communications Regulations (PECR). Logan was fined £400 for each breach plus costs. The ICO said his total fine will be £6,274.53.

"Unsolicited marketing faxes can be just as irritating and intrusive as unwanted marketing phone calls," said assistant commissioner at the ICO Mick Gorrill. "This practice is unacceptable and our action against Mr Logan sends out a strong signal to any unscrupulous businesses that flout the rules – we will prosecute for systemic non-compliance with the Data Protection Act.”

Sending spam became a criminal offence for the first time last year when the Consumer Protection from Unfair Trading Regulations said that it was unfair to make "persistent and unwanted solicitations by telephone, fax, e-mail or other remote media except in circumstances and to the extent justified to enforce a contractual obligation".

Copyright © 2009, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Build a business case: developing custom apps

More from The Register

next story
The police are WRONG: Watching YouTube videos is NOT illegal
And our man Corfield is pretty bloody cross about it
China hopes home-grown OS will oust Microsoft
Doesn't much like Apple or Google, either
UK government accused of hiding TRUTH about Universal Credit fiasco
'Reset rating keeps secrets on one-dole-to-rule-them-all plan', say MPs
Fast And Furious 6 cammer thrown in slammer for nearly three years
Man jailed for dodgy cinema recording of Hollywood movie
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
e-Borders fiasco: Brits stung for £224m after US IT giant sues UK govt
Defeat to Raytheon branded 'catastrophic result'
Don't even THINK about copyright violation, says Indian state
Pre-emptive arrest for pirates in Karnataka
Yes, but what are your plans if a DRAGON attacks?
Local UK gov outs most ridiculous FoI requests...
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
5 things you didn’t know about cloud backup
IT departments are embracing cloud backup, but there’s a lot you need to know before choosing a service provider. Learn all the critical things you need to know.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?