Debt Collection Director Prosecuted And Fined

Mon, 20 Apr 2009

A debt recovery specialist has been successfully prosecuted and fined by the Information Commissioner’s Office (ICO) for sending unwanted faxes to individuals and businesses .

Robert Logan, Director of Preston-based Clear Debt Solutions (CDS), pleaded guilty to 13 offences relating to breaches of the Privacy and Electronic Communications Regulations.

Mr Logan was subsequently fined £400 per charge plus costs and ordered to pay a total of £6,274.53.

Court action was taken against the debt collector after the ICO and the Fax Preference Service (FPS) received over 500 complaints from individuals and businesses regarding unwanted faxes.

In September 2007 the ICO issued CDS with an Enforcement Notice ordering the company to stop sending such faxes to individuals and companies who were registered with the FPS or who had not given permission to receive them.

But despite the Notice, and Mr Logan being questioned under caution, the ICO and the FPS continued to receive complaints about "unsolicited" faxes.

Commenting on the case, Assistant Commissioner Mick Gorrill said: "Unsolicited marketing faxes can be just as irritating and intrusive as unwanted marketing phone calls ."

"This practice is unacceptable and our action against Mr Logan sends out a strong signal to any unscrupulous businesses that flout the rules – we will prosecute for systemic non-compliance with the Data Protection Act."

The Information Commissioner’s Office is the UK’s independent and practical authority on information rights and responsibilities.
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