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The Data Protection Commissioner decided to prosecute. At Drogheda District Court on 21 June 2016, Robert Lynch T/A The Energy Centre pleaded guilty to three charges of making unsolicited marketing telephone calls to the telephone numbers of two individuals whose numbers were recorded on the NDD Opt-Out Register. In relation to the first case where the complainant’s number was called on two occasions three days apart, the Court convicted the defendant in respect of the charge for the second telephone call, it applied a fine of €100 and it took the other charge in relation to the first telephone call into account. In relation to the second case, the Court applied the Probation of Offenders Act in respect of that charge. The defendant agreed to pay the prosecution costs incurred by the Data Protection Commissioner.
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