Mobile network EE has been fined £100,000 for sending millions of text messages to customers without their consent.
The Information Commissioner’s Office (ICO) said EE sent more than 2.5 million messages in 2018 encouraging customers to download an app and to upgrade their phones, as well as follow-up texts to those who did not react to the first one.
EE argued that the communications were sent as service messages and were therefore not covered by rules on electronic marketing. The ICO disgreed.
The watchdog ruled that the UK’s largest network operator did not intentionally set out to break the rules but was aware it was sending direct marketing to customers who had not agreed to receive messages.
Electronic marketing can only be sent to existing customers who have given consent and if a simple way to opt out of marketing is provided.
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Steph Houghton celebrates with teammates after scoring England’s first goal during the Women’s World Cup round of 16 match against Cameroon at the Stade du Hainaut stadium in Valenciennes, France
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Pride marchers at a rally outside the Scottish Parliament in Edinburgh
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PA
4/50 20 June 2019
Frankie Dettori celebrates with the trophy after winning the 4.20 Gold Cup on Stradivarius as Queen Elizabeth looks on
Action/Reuters
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Eoin Morgan celebrates his century with Joe Root during England’s ICC Cricket World Cup match against Afghanistan at Old Trafford in Manchester. Morgan hit 17 sixes and set a new record in one-day international cricket, which saw his side win by 150 runs
Getty
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9/50 15 June 2019
Great Britain celebrate their first place on the podium during the Accenture World Triathlon Mixed Relay at Nottingham Embankment
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PA
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England’s forward Ellen White celebrates after scoring during the France 2019 Women’s World Cup Group D football match between England and Scotland. White’s goal was England’s second of the match, which they went on to win 2-1
AFP/Getty
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Action/Reuters
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Veterans observe a two minute silence at the National Memorial Arboretum at Alrewas, in Staffordshire, for a service to mark the 75th anniversary of the D-Day landings
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Anti-Donald Trump protesters gather with a Trump baby blimp flying over Parliament Square for a protest against the US president’s state visit to the UK
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Queen Elizabeth II views a display of US items of the Royal collection with US President Donald Trump and US First Lady Melania Trump at Buckingham palace
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Liverpool’s players celebrate with the Champions League trophy on board a parade bus after winning the final against Tottenham Hotspur, in Madrid the night before
Getty
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Fans gather in Madrid ahead of the all-English club Champions League Final between Tottenham and Liverpool
Reuters
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Racegoers during Ladies Day of the 2019 Investec Derby Festival at Epsom Racecourse, Epsom.
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Action/Reuters
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Cpl Ashley Keates/PA
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British Environment Secretary Michael Gove returns to his home following a run in London.
EPA
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PA
29/50 26 May 2019
Jason Pearce and Chris Solly lift the League One play-off trophy following Charlton’s victory against Sunderland. They will be promoted to the Championship after three years in the third tier
Getty Images
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PA
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AFP/Getty
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Larry the cat sits in the street, at Downing Street in London
Reuters
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Kent make their way to the field to open the fielding on day two of the Specsavers County Championship Division One match between Kent and Surrey in Beckenham, England
Getty
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Karamoja the 12 day old baby Rothschild’s Giraffe pictured with its mother Orla takes its first steps outside at Chester Zoo
PA
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AFC Fylde celebrate after they beat Leyton Orient to win the FA Trophy Final at Wembley Stadium
Action/Reuters
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Great Britain’s Jade Jones celebrates with her gold medal after victory against South Korea’s Lee Ah-Reum in the final of the womens -57kg during day 3 of the World Taekwondo Championships at Manchester Arena
Getty
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Lulu (left) and Gulliver, two green sea turtles, are reunited after 8 months apart at Sea Life in Brighton
PA
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Children jump between balls in the new Children’s Garden at Kew Gardens
PA
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The London Fire Brigade said 10 fire engines and 70 firefighters had to tackle a blaze at a commercial building on the North Circular in Neasden, north London
London Fire Brigade/PA
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Conservator Restorer Jim Mitchell with part of the bronze statue of William Wallace which is being returned to the National Monument in Stirling after undergoing vital restoration work. After the statue was carefully removed in sections from the tower for the first time since its unveiling in 1887, Wallace travelled down south to Wigan-based firm, Lost Art, to begin the process of restoration. Stirling Council has invested an estimated £260,000 in the project to ensure the structure is back in peak condition ahead of the Wallace MonumentÕs 150th anniversary celebrations in September.
PA
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The sun rises behind The Shard and the financial district as a cyclist rides through Richmond Park in London, Britain.
Reuters
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Vincent Kompany lifts the Premier League trophy after Manchester City’s 4-1 victory against Brighton and Hove Albion at the Amex Stadium. Manchester City held off a titanic challenge from Liverpool to become the first side in a decade to retain the Premier League
AFP/Getty
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Arsenal celebrate winning the Women’s Super League after beating Manchester City at Meadow Park. They secured the title the previous weekend and today’s victory means Arsenal won the league by seven points
Action/Reuters
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The Flying Scotsman steam train crosses the Forth Bridge on its way from Edinburgh to Inverness
PA
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Will Smith attending the Aladdin European Premiere held at the Odeon Luxe Leicester Square, London
PA
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Tributes laid around the Billy McNeill statue at Celtic Park ahead of ex-player Stevie Chalmers’ funeral
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PA
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Norwich City’s Grant Hanley holds the Championship trophy aloft as he celebrates with the crowd during their promotion parade in Norwich City Centre
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50/50 5 May 2019
Team Ineos lead the peloton including leader Chris Lawless as they climb a hill in Haworth, during stage four of the Tour de Yorkshire
PA
“These were marketing messages which promoted the company’s products and services,” said Andy White, ICO director of investigations.
“The direct marketing guidance is clear: if a message that contains customer service information also includes promotional material to buy extra products for services, it is no longer a service message and electronic marketing rules apply.
“EE Limited were aware of the law and should have known that they needed customers’ consent to send them, in line with the direct marketing rules.
“Companies should be aware that texts and emails providing service information which also include a marketing or promotional element must comply with the relevant legislation or could face a fine of up to £500,000.”
EE said it accepted the ICO’s findings and has begun working to improve its processes.
A spokesperson said: “We’re committed to ensuring our customers are fully aware of their options throughout the life of their contract, and we apologise to the customers who received these messages.”
