Context
Tempcover Ltd, a short-term motor insurance company, has been fined £85,000 by the ICO for sending almost 30 million unsolicited marketing email and text messages to customers without consent or being able to rely on the soft opt-in exemption.
Key points to note
- Tempcover sent the messages to people who had signed up to receive a quote via their website.
- They failed to provide customers with an opportunity to opt-out of receiving marketing, and essentially made agreement to marketing a condition of service.
- Customers were also automatically opted in to receiving marketing via texts and emails, without being given a choice.
- By not giving customers a way of refusing marketing when they gave their details Tempcover could also not rely on the soft opt-in exemption for direct marketing.
Next actions
Whilst we have included this item for information and awareness, we encourage firms to ensure they have appropriate consent for all marketing campaigns, or that any use of the ‘soft opt-in’ is appropriate and in line with the requirements of Article 22 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (the PECR).