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UK: Tribunal dismisses Join the Triboo's appeal against ICO fine

On May 7, 2024, the Information Commissioner's Office (ICO) announced that the First-tier Tribunal (the Tribunal) had dismissed an appeal by Join the Triboo Limited (JTT) against a fine ICO had imposed on the company.

Background to the case

Following an investigation, in April 2023 the ICO issued an enforcement notice and a fine of £130,000 against  JTT for sending direct marketing emails to people without their consent. Thereafter, JTT appealed both the fine and the enforcement notice at the Tribunal.

Findings of the Tribunal

In a judgment given on May 2, 2024, the Tribunal dismissed JTT's appeal and upheld the ICO's fine against the company. Specifically, the Tribunal agreed with the ICO's determination that JTT had breached the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) by sending direct marketing emails to subscribers without their prior consent.

Outcomes

Consequently, the Tribunal confirmed the fine issued against JTT. In the judgment, the Tribunal explained that it would determine the appeal against the enforcement notice after it had received further submissions and evidence.

You can read the press release here, and the Tribunal's judgment here.