A number of complaints were made over unsolicited mobile phone text messages, offering a free stay in one of 30 Irish hotels if the respondents replied to a premium rate number.
Realm Communications, which ran the direct marketing campaign last summer, defended the scheme, claiming the Data Protection Acts did not apply because no personal details were recorded or sought until respondents booked with a hotel.
However, the Data Commissioner rejected the claim, saying Regulation 9 (1) prohibited direct marketing "by means of an automated calling machine" unless the respondent gave prior consent to being contacted. "The sender probably earned a substantial amount of money from this promotion through premium rate call charges and framed the operation of the promotion in an attempt to technically circumvent the regulations."
While no prosecution occurred, the Commissioner said he would take future offenders to court where they can be fined up to €3,000 for each message sent. He noted the law on unsolicited marketing by SMS (Short Message Service), e-mail, fax or telephone had been strengthened under an EU "spam" directive last November.
He added his office was currently investigating several complaints against a premium call "psychics" firm, which ran a SMS marketing campaign last month.