The Information Commissioner’s Office received more than 46,000 complaints about the Newcastle company
The company sent 4,046,947 SMS messages promoting PPI tax refund services.(Image: Shared Content Unit)
A Tyneside firm has been fined a six-figure sum by the Information Commissioner’s Office for sending out millions of unsolicited marketing messages. Allay Claims Ltd, based in Hoults Yard, Newcastle, has been fined £120,000 for sending more than four million unlawful marketing text messages between February 2023 and February 2024.
The messages were sent without valid consent or compliance with the rules on the ‘soft opt-in’ exemption. Allay Claims Ltd sent a total of 4,046,947 SMS messages promoting PPI tax refund services.
The ICO said it found that the texts were clearly promotional in tone, encouraging people to make further claims and directing them to external landing pages. The messages were not service updates, as Allay later claimed, but direct marketing communications designed to prompt action.
The ICO said that, during the investigation period, more than 46,000 complaints about these messages were submitted through the mobile reporting service 7726. A further rise in complaints continued even after Allay was aware of the office’s concerns.
The investigation showed that Allay had failed to offer a simple way for customers to refuse marketing when collecting their details. As a result, the ICO concluded that the company could not rely on the soft opt‑in exemption as it claimed, and had breached Regulation 22 of PECR.
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Under Regulation 22 of the Privacy and Electronic Communications Regulations (PECR), organisations cannot send marketing messages by email or text without consent, unless they meet the strict conditions of the ‘soft opt-in’ exemption. The ‘soft opt-in’ exemption only applies if the recipient’s details were collected during the sale or negotiations for a sale, and that the marketing relates to similar products or services.
The recipient should also have been given a clear and simple way to refuse marketing at the time their details were collected and in every subsequent message. 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.”
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