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ICO levies £200,000 fine for instigating unlawful loan promotion nuisance texts   

Link(s):Company fined £200,000 for instigating unlawful loan promotion nuisance texts | ICO
ESL Consultancy Services Ltd | ICO
esl-consultancy-mpn-202501.pdf

Context

The ICO published details of action it has taken in fining West Sussex-based company ESL Consultancy Services Ltd (ESL) £200,000 for knowingly instigating unlawful loan promotion nuisance text messages being sent to people who had not consented to receive them.

Key points to note and next actions

  • Between 15th September 2022 and 5th December 2023, a total of 37,977 complaints were received regarding direct marketing messages which were sent at the instigation of ESL by a third-party affiliate.
  • Company directors knowingly facilitated unlawful activity for financial gain.
  • The affiliate used 459 different telephone numbers capable of sending up to 546,000 text messages a day.
  • ESL also took steps to try and conceal the identity of the sender of the messages by using unregistered SIM cards.
  • ESL came to the ICO’s attention through a separate investigation into the affiliate, Daniel George Bentley.  During the investigation, Bentley set up Taipan Trading Ltd (TTL) in an apparent attempt to appear more legitimate and in the hope that ESL would make the company an Appointed Representative.
  • TTL also admitted to ESL that its business operated non-compliantly, and it also concealed the fact that it had been investigated by the ICO.