A Crawley-based firm has been fined £200,000 for sending millions of spam text messages.
ESL Consultancy Services Ltd was raided in 2023 by the Information Commissioner’s Office, which seized mobile phones, laptops, tablets and external storage drives.
They uncovered a relationship between ESL and an affiliate marketer called Daniel George Bentley and his company Taipan Trading Ltd, (TTL), who were already under investigation.
ESL used TTL to send millions of messages, using 459 different telephone numbers capable of sending up to 546,000 text messages a day.
The seized devices contained communications including Skype conversations which showed ESL requested details of the opt-in on which TTL was relying to send the text messages, stating: “The ICO are on everyone at the mo [sic] so as long as we have something to show that’s fine.” TTL responded stating: “strictly speaking that doesn’t exist yet.”
TTL also admitted to ESL its business operated non compliantly, and it also concealed the fact that it had been investigated by the ICO.
Further analysis of the evidence showed that ESL doctored TTL’s due diligence form when it sent it to the Financial Conduct Authority by removing information that could be deemed unfavourable.
Andy Curry, Interim Director of Investigations at the ICO, said: “The evidence we collected during our two search warrants was invaluable, providing us with a clear picture of the illegal activities these two companies were undertaking.
“It became apparent to us very quickly that ESL knew about the direct marketing requirements and our role in enforcing the law, yet they chose to blatantly ignore this for their own financial gain.
“We will not falter in our commitment to protect people by unpicking tangled webs of deceit, as in this case, and taking enforcement action against rogue companies to hold them to account.”
The ICO found that between September 2022 and December 2023, ESL used a third party to send marketing text messages without ensuring valid consent was in place to send the messages.
ESL also took steps to try and conceal the identity of the sender of the messages by using unregistered SIM cards. As a result the ICO received 37,977 complaints. ESL has also been issued with an enforcement notice.
