Polish regulator UKE has imposed a fine of PLN 9.1 million on Orange Poland for using automatic calling systems for direct marketing purposes without showing end-user or subscriber consent as required in this case. The operator has sent a total of more than 3.8 million SMS to clients in violation of the Telecommunications Law.
The telecommunications Law protects subscribers and end users from unsolicited communication. This provision prohibits the use of telecommunications terminal equipment and automated calling systems for direct marketing purposes, unless the subscriber or end-user has previously consented. Orange Poland did not show that it had obtained consent from its subscribers or end-users to receive marketing messages using automated calling systems.
UKE has given a positive assessment, though of the actions undertaken by Orange Poland to indemnify subscribers and end users for unlawfully sending marketing messages to them by granting them special bonuses in the form of data packages.