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The government have opened consultation in relation to the fines imposed on companies who ‘spam’ their customers by text, email and phone. The consultation seeks to change the current law to lower the requirements needed before a penalty can be imposed.
They propose to remove the requirement for the claimant to prove they have been ‘distressed or suffered substantial damage’, but merely prove that they have suffered ‘annoyance, inconvenience or anxiety’ instead.
Consultation will cease in December 2014, with a hoped outcome in 2015. If this change is made, businesses could face fines of up to £500,000 if they are caught to be in breach. This will apply to all direct marketing so companies will be encouraged to reassess their current strategies.