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Direct Marketing Conviction in Hong Kong

GuiltyOn September 9, 2015 in Hong Kong, a company was convicted for failure to honor an opt out request and fined HK$30,000.

This was the first conviction after a change in the maximum penalty for a direct marketing offence. Failure to comply with an opt out request previously carried a maximum penalty of a fine of HK$10,000. The penalty level of the offense has been raised to a fine of HK$500,000 and imprisonment for 3 years.

A customer of Hong Kong Broadband Network Limited ("HK Broadband")made an opt out request via mail and email, which was acknowledged in writing by the company. An employee later left a voicemail on the customer's mobile phone, and after a trial HK Broadband was convicted and fined HK$30,000.