Massive Fine for Sussex Business: The Dark Side of Spam Text Marketing Revealed

Overview

A company in Sussex has been fined £200,000 for sending nuisance text messages without proper consent.

Details of the Case

ESL Consultancy Services, based in Horsham, engaged a third party to send marketing texts and attempted to hide the identity of the sender by using unregistered SIM cards. The Information Commissioner’s Office (ICO) received nearly 38,000 complaints regarding these messages and has issued an enforcement notice against ESL.

Investigation Insights

ESL's operations came under scrutiny during an investigation into Daniel George Bentley, an affiliate marketer who set up Taipan Trading Ltd (TTL) to appear more legitimate. The ICO executed search warrants in June 2023, seizing documents related to ESL's activities.

Evidence and Findings

The investigation revealed that ESL had asked TTL for details about the opt-in consent for sending text messages, showing a clear disregard for compliance. TTL admitted to operating non-compliantly and concealed a prior investigation by the ICO. Further analysis indicated that ESL manipulated TTL's due diligence form sent to the Financial Conduct Authority to omit unfavorable information.

ICO's Statement

Andy Curry, interim director of investigations at the ICO, stated: “The evidence we collected during our two search warrants was invaluable... ESL chose to blatantly ignore the direct marketing requirements for their own financial gain.” The ICO remains committed to protecting consumers and holding rogue companies accountable for their actions.