Enforcement notice

Regulation 24 of PECR provides: "{1) Where a public electronic communications service is used for the transmission of a communication for direct marketing purposes the person using, or instigating the use of, the service shall ensure that the following information is provided with that communication (b) in relation to a communication to which regulation 21 [or 21A] (telephone calls) applies, the p. [...] 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 to 31 December 2021, CAL used a public telecommunications service for the purposes of making 511,499 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 regulation 2l(l)(b) of PE. [...] • Furthermore, where a public electronic communications service is used for the transmission of a communication for direct marketing purposes, CAL shall ensure that the recipient of the communication is provided with: (a) the name of the person; and if the recipient so requests, (b) either the address of the person or a telephone number on which he can be reached free of charge. [...] 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.