Scream If Your Data Has Been Sold Without Your Permission

01 October 2010
Information provider Content Merchant Limited
Service provider Tanla Solutions UK Ltd
Information provider location Wales and Glasgow
Service provider location London
Service type Competition - Subscription

2. The Information Provider stated that there had only been a limited amount of consumers that may have been affected by the incorrect text messages sent by the Information Provider. It stated that the vast majority of text messages had been fully correct and compliant, and that the incorrect text messages had been sent as a result of a limit on the number of characters technically available in the text message, which had resulted in the last third of the text message being cut off. It stated that this missing third of the text had contained some standard, required information, such as the identity of the Service Provider, a helpline and the opt-out command. The Information Provider stated that it fully accepted responsibility for this error.

Having taken into account the aggravating factors and the mitigating factors, the Tribunal concluded that the seriousness of the case should be regarded overall as serious.

Having regard to all the circumstances of the case, including the revenue of the service, the Tribunal decided to impose the following sanctions:

A Formal Reprimand;
A fine of £10,000;

02 September 2010
Information provider Content Merchant Ltd
Service provider Wireless Information Network Ltd
Information provider location Glasgow
Service provider location High Wycombe
Service type Subscription download service

The Executive was later notified of a technical error which allegedly occurred on 28 September 2009. The Information Provider suggested that a group of mobile phone numbers from within the marketing data base had been registered by the company as subscribed to the service as opposed to sent marketing material as had been originally intended.

Having taken into account the aggravating factors and the mitigating factors, the Tribunal concluded that the seriousness of the case should be regarded overall as serious.

Having regard to all the circumstances of the case, including the revenue of the service, the Tribunal decided to impose the following sanctions:

A Formal Reprimand.
A fine of £30,000.

Company Name:
CONTENT MERCHANT LIMITED

Company No: 06898120
Registered Office:
Incorporated: 07/05/2009
FIELDS HOUSE
12/13 OLD FIELD ROAD
BOCAM PARK
PENCOED
WALES
CF35 5LJ
Company Type: Private Limited Company
Company Status: Active

APPOINTMENT TERMINATED,
SECRETARY RICHARD CABLE 28/05/2010

Company Name:
FIELDS GROUP LIMITED

Company No: 05728410
Registered Office:
Incorporated: 02/03/2006
12/13 OLD FIELD ROAD
BOCAM PARK
PENCOED
BRIDGEND
CF35 5LJ
Company Type: Private Limited Company
Company Status: Active

APPOINTMENT TERMINATED,
DIRECTOR RICHARD CABLE 26/01/2010