"Consequently OE's claims that because they provided a mechanism through which the recipient could opt out of future messages, the Commissioner ought not to have used his discretion to issue the Notice, are not valid. The fact is that the direct marketing texts should not have been sent in the first place because they were unsolicited and in breach of Regulation 22(2)...
In view of our observations and reasons above we find that the appeal should be dismissed.
Brian Kennedy QC
31 August 2015."
In addition to being senior partner with Harper Macleod, Rod McKenzie is also a Director with Dcm (Optical Holdings) Limited, OE's parent company.
Optical Express IGNORED Information Commissioner’s Office (ICO) ruling on spam text messages, and continue to send out millions every week!
If you’re still getting nuisance texts from them you can stop them once and for all by complaining to the ICO.
This is how you do it:
1. Take a picture of the Optical Express spam text message as it appears on your phone.
3. If you get no reply, or a reply you’re not happy with, visit this section of ICO website
which covers nuisance text messages. Let them know that you’ve received an unwanted text from Optical Express despite their receiving a formal warning from ICO. Also let them know that you have raised this personally with Optical Express, and not received a satisfactory reply, quoting the date you sent the letter.
4. That’s it. A single complaint could be enough for Optical Express to be held to account for their nuisance text messaging.