The Information Commissioner’s Office (‘ICO’) issued a monetary penalty notice in which it imposed a £90,000 fine on American Express Services Europe Limited for sending 4,098,841 marketing emails, which were unlawfully classed as servicing emails, to customers between 1 June 2018 and 21 May 2019 in violation of Regulation 22 of the Privacy and Electronic Communications Regulation 2003 (‘PECR’).

The ICO noted that the marketing emails were designed to encourage customers to make purchases on their American Express cards which would financially benefit American Express, thus cannot be classified as servicing emails, and as such the customers had not consented to the receipt of the same.

Read the monetary penalty notice HERE

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