15/2017 Cunniffe Electric Limited

In December 2016 an individual complained to us that he had recently received unsolicited marketing text messages from Cunniffe Electric Limited of Galway Shopping Centre despite the fact that he had been advised previously on foot of an earlier complaint to us that his mobile phone number had been removed from its marketing database. In early 2015 we had received the complainant’s first complaint in which he informed us that he had given his mobile phone number some years ago to Cunniffe Electric Limited to facilitate the delivery of an electrical appliance which he had purchased from the company. He stated that he did not give the company consent to use his mobile phone number for marketing purposes.

Following our investigation of the first complaint, we received confirmation from Cunniffe Electric Limited that the complainant’s mobile phone number had been removed from its marketing database. We concluded that complaint by issuing a warning to the company that it would likely face prosecution if it breached the marketing regulations again. On receipt of the complainant’s second complaint, we commenced a new investigation in which we sought from Cunniffe Electric Limited an explanation for the sending of the latest marketing text messages in circumstances where we were previously informed that the complainant’s mobile phone number had been removed from its marketing database. In response, the company admitted that it did not have the consent of the complainant to send him marketing text messages. It said that his mobile number was not on its database but it appeared that there was an error on the part of the service provider that it was using to send marketing text messages and that this error arose from transition issues when the service provider was acquired by another company. It apologised for the inconvenience caused to the complainant.

As the company had previously received a warning, the Data Protection Commissioner decided to prosecute it in relation to the most recent offences. At Galway District Court on 4 July 2017, Cunniffe Electric Limited entered a guilty plea for the sending of an unsolicited marketing text message without consent. In lieu of a conviction and fine, the Court asked the company to make a contribution of €500 to the Court Poor Box and it then struck out the charges. The company agreed to make a contribution towards the prosecution costs of the Data Protection Commissioner.