Papa John’s is fined £10,000 for bombarding customers with nuisance marketing messages – with one user describing it as the ‘textbook definition of harassment’
- The Information Commissioner’s Office has ordered Papa John’s to pay £10,000
- Investigation found they sent 210K messages from October 2019 to April 2020
- Fifteen complaints were made to the watchdog, with one customer claiming to have received 100 messages in two months
Takeaway pizza chain Papa John’s has been fined by the data and privacy protection regulator for sending more than 160,000 nuisance messages to customers.
The Information Commissioner’s Office (ICO) has ordered the company to pay £10,000 for distributing a series of unwanted marketing texts and emails without the valid consent required by law.
Among the 15 complaints made to the watchdog, one claimed they had received almost 100 messages within two months, describing it as the ‘textbook definition of harassment’.
An investigation by the ICO found that the firm had sent more than 210,000 marketing messages, with 168,022 confirmed as received, between October 1 2019 and April 30 2020.
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Takeaway pizza chain Papa John’s has been fined by the data and privacy protection regulator for sending more than 160,000 nuisance messages to customers
What is ‘soft opt-in’?
The idea for soft opt-in is that if an individual bought something from you recently, gave you their details, and did not opt out of marketing messages, they are probably happy to receive marketing from you about similar products or services even if they haven’t specifically consented.
However, you must have given them a clear chance to opt out – both when you first collected their details, and in every message you send.
The soft opt-in rule means you may be able to email or text your own customers, but it does not apply to prospective customers or new contacts (eg from bought-in lists).
Source: ICO
The ICO ruled that Papa John’s wrongly used a ‘soft opt-in’ marketing exemption for people who placed an order over the phone.
This exemption allows organisations to send marketing messages to customers whose details have been obtained for similar services, but offers a simple way for people to refuse or opt out.
The ICO ruled that Papa John’s could not rely on this exemption for customers that had placed an order over the telephone, as they were not provided with a privacy notice at point of contact nor were they given the option to opt out.
‘The law is clear and simple,’ said Andy Curry, the ICO head of investigations.
‘When relying on the “soft opt-in” exemption, companies must ensure they have their customer’s consent, and any marketing they send provides a simple opt-out option.
‘Papa John’s telephone customers were not given the opportunity to refuse marketing at the point of contact, which has led to this fine.
‘We will continue to take action against companies who may be gaining unfair advantage over those companies that adhere to the law and comply with electronic marketing law.’
ICO highlighted one complaint from an unnamed Papa John’s customer, which read: ‘I never gave my consent for marketing text messages, it causes me distress receiving these so frequently without being able to stop them’
‘Nearly a 100 messages in the past two months is the textbook definition of harassment.’
MailOnline has contacted Papa John’s for comment.
The laws governing electronic marketing are contained in the Privacy and Electronic Communications Regulations 2003.
If you believe you have been the victim of nuisance texts, calls or emails, you can report them to the ICO here.
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