A charity with strong Bradford links has been ordered to stop sending unsolicited spam texts to people without their consent during Ramadan.

The Information Commissioner’s Office (ICO) has issued an enforcement notice against the Penny Appeal, a Wakefield-based charity which carries out work to help vulnerable people in Bradford and also helps crisis-hit countries. 

It came after more than 300 complaints were received by the ICO and the Mobile UK’s Spam Reporting Service. 

The Penny Appeal sent more than 460,000 unsolicited marketing texts over a 10-day period to 52,000 people who had never provided their consent, or who had clearly opted out, the ICO said.

The texts were sent between April and May 2022 as part of a sustained campaign over Ramadan, the ICO added, encouraging people on a daily basis to donate to the charity’s appeals. 

Many of the texts reportedly urged people to pay their zakat - an obligatory donation to charity and one of the five pillars of Islam - specifically to Penny Appeal.

This resulted in 354 complaints to the ICO and the Mobile UK’s Spam Reporting Service. Complainants reported their requests to opt out were ignored and described the texts as “intrusive” and “unwanted”.

The charity is well-known in Bradford and has strong links with the city.

Among its more high-profile projects in the district is the food truck initiative, which Penny Appeal runs to provide meals to vulnerable members of the Bradford community, including at Valley Parade on matchdays.

Last summer, Bradford City announced a new long-term agreement to make Penny Appeal their official chosen charity partner, although there is no suggestion that any of the unsolicited marketing texts were in any way linked to that partnership.

The Telegraph & Argus has approached the Penny Appeal for a response. 

As the UK data protection regulator, the ICO works to protect the public from nuisance calls, texts and emails by investigating companies that contact people without their consent.  

The regulator has been engaging with Penny Appeal since 2020, after receiving complaints about a similar marketing campaign.

Following the ICO’s intervention, the charity committed to improving its compliance with direct marketing law.

However, further complaints revealed they were still sending illegal marketing texts, the ICO claimed. 

While still under investigation, Penny Appeal allegedly sent further spam texts over Ramadan, which led to even more complaints.

The ICO has now issued an Enforcement Notice, ordering Penny Appeal to stop sending marketing communications without consent within 30 days.

Andy Curry, head of investigations at the ICO, said: “Penny Appeal inundated people with text messages with no regard for their consent or their right to opt out. This is unacceptable and we will act decisively to protect the public from unsolicited marketing texts. Despite providing advice and guidance to improve this charity’s compliance, we were left with no choice but to take enforcement action in order to protect the public.

“We know how important it is that charities are able to responsibly fundraise for good causes and help people in need, and we know many people wish to support them. 

“We also appreciate that small charities may need a helping hand when it comes to understanding the law, and we are here to support them to get this right. 

“But all organisations sending direct marketing messages are responsible for ensuring they have your consent. We want to reassure the public that we are here to help if you or your family are receiving unwanted spam or calls”.

How to opt out of spam messages

If people receive any calls, texts and emails that they did not agree to receive, they can report this to the ICO.

If you receive marketing by text that you don’t want, you should first follow the opt-out instructions provided on the text – which typically involves texting ‘STOP’ to the telephone number or 5-digit short code shown in the text message. 

Legitimate companies are expected to make it simple to opt-out and the organisation should then stop sending you marketing texts.

If the texts do not provide opt-out instructions, or they continue after you request to opt-out, you can report them to the ICO via its website. 

Mobile phone users can also report the receipt of unsolicited marketing texts to the Mobile UK's Spam Reporting Service by forwarding the message to 7726. 

You should not respond to the marketing message if you are unsure who it comes from or if it doesn’t come from a company you are familiar with.