Paddy Power Prosecuted but Spared Criminal Convictions

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Ireland’s biggest bookmaker appeared in court in recent days charged along with four other companies for violating anti-spam regulations.

A district court decided not to follow through with criminal convictions provided the company paid prosecution costs and donating sums varying from €300 to €500 to charity.

One of the complainants testified that he had used the Wi-Fi at a Paddy Power shop and was required to enter his phone number.  Shortly thereafter he began receiving marketing messages as well as a promotional message with a offer of a €3 free bet. The opt-out also had technical issues, the court heard.

The Journal reported on the consequences as a result of said violations:

Adjourning each case until 12 December, the judge said he would strike them out if the companies complied.

After the case concluded, Delaney told reporters: “Various difficulties which members of public experienced in relation to opting out of marketing communications emerged as a common theme in the cases prosecuted today.

“Those engaged in electronic marketing activities need to take note of the consequences which can arise if their systems fail to give full and proper effect to the expressed opt-out of their customers or others that they target with their marketing campaign.

 “Also of particular note today was the case involving the capturing of marketing consent through the use of a free Wi-Fi system. This case highlighted how the acceptance of terms and conditions by the user concerned fell short of marketing consent as required by the marketing regulations,” he said.

- Aaron Goldstein,

Business/Financial News

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