SGS enforcement notice

Regulation 21 paragraph (1) of PECR provides that: "(1) A person shall neither use, nor instigate the use 00 a public electronic communications service for the purposes of making unsolicited calls for direct marketing purposes where- (a) the called line is that of a subscriber who has previously notified the caller that such calls should not for the time being be made on that line; or (b) the numb. [...] The provisions of the DPA remain in force for the purposes of PECR notwithstanding the introduction of the DPA18: see paragraph 58(1) of Schedule 20 to the DPA18. [...] Between 1 January 2021 and 30 June 2021, SGS used or instigated the use of a public telecommunications service for the purposes of making 24,241 unsolicited calls for direct marketing purposes to subscribers where the number allocated to the subscriber in respect of the called line was a number listed on the register of numbers kept by the Commissioner in accordance with regulation 26, contrary to. [...] SGS did not assert nor present any evidence to the effect that any of the subscribers whose numbers were registered on the TPS had informed them for the purposes of regulation 21( 4) that they did not, for the time being, object to such calls being made to those numbers. [...] If you decide to appeal and if the Tribunal considers:- a) that the notice against which the appeal is brought is not in accordance with the law; or b) to the extent that the notice involved an exercise of discretion by the Commissioner, that he ought to have exercised his discretion differently, the Tribunal will allow the appeal or substitute such other decision as could have been made by the Co.