ESL Consultancy Services, in Horsham, was found to have used a third party to send marketing text messages without ensuring valid consent was in place.
ESL also took steps to try and conceal the identity of the sender of the unlawful loan promotion messages by using unregistered SIM cards.
The Information Commissioner’s Office (ICO) received 37,977 complaints regarding the messages from ESL. It has also issued an enforcement notice.
ESL came to the attention of the ICO through a separate investigation into Daniel George Bentley, an affiliate marketer and lead generator.
During the investigation, Bentley set up Taipan Trading Ltd (TTL) in an apparent attempt to appear more legitimate and in the hope that ESL would make the company an appointed representative with the Financial Conduct Authority.
The ICO executed search warrants at addresses linked to Bentley in June 2023 and seized several documents referring to ESL. These included an appointed representative due diligence questionnaire, agreement form and bank account details.
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Analysis of the evidence led to the ICO executing a search warrant at ESL’s registered address seizing mobile phones, laptops, tablets and external storage drives.
Analysis of the devices further identified documents relevant to the ICO’s investigation including an appointed representative questionnaire for TTL, Excel files containing personal information and numerous Skype conversations between ESL and TTL discussing their business arrangement.
The Skype conversations showed ESL requested details of the opt-in on which TTL was relying to send the text messages, stating: “The ICO are on everyone at the mo [sic] so as long as we have something to show that’s fine.”
TTL responded: “Strictly speaking that doesn’t exist yet.”
TTL also admitted to ESL its business operated non compliantly and it also concealed the fact that it had been investigated by the ICO.
Further analysis of the evidence showed that ESL doctored TTL’s due diligence form when it sent it to the Financial Conduct Authority by removing information that could be deemed unfavourable.
Andy Curry, interim director of investigations at the ICO, said: “The evidence we collected during our two search warrants was invaluable, providing us with a clear picture of the illegal activities these two companies were undertaking.
“It became apparent to us very quickly that ESL knew about the direct marketing requirements and our role in enforcing the law, yet they chose to blatantly ignore this for their own financial gain.
“We will not falter in our commitment to protect people by unpicking tangled webs of deceit, as in this case, and taking enforcement action against rogue companies to hold them to account.”
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