By Adriano Marchese

EE Ltd has been fined 100,000 pounds ($127,374) for sending over 2.5 million direct marketing text messages to its customers without consent.

The Information Commissioner's Office said an investigation found that texts--which were said to be service messages by the company and therefore not covered by electronic marketing rules--did in fact contain direct marketing.

The messages were sent out in early 2018 and encouraged customers to access EE's proprietary mobile app to manage their accounts and also to upgrade their phones. A follow-up message was sent to those who did not engage with the first.

The ICO acknowledged that though the company had sent the messages deliberately, it did not deliberately set out to breach electronic marketing laws.

"The direct marketing guidance is clear: If a message that contains customer service information also includes promotional material to buy extra products for services, it is no longer a service message and electronic marketing rules apply," ICO Director of Investigations Andy White said.

Write to Adriano Marchese at adriano.marchese@dowjones.com

(END) Dow Jones Newswires

June 24, 2019 07:50 ET (11:50 GMT)

Copyright (c) 2019 Dow Jones & Company, Inc.
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