RE: FN-FORUM: UK based spam muppets

date posted 1st December 2003 16:24

Iain

In the UK it depends on if the email address used is a company one or an individual personal one.

If the former, then you have virtually no rights to protect yourself unless you explicitly tell Gary (in writing I think) to
remove you and your companies addresses from his mailing list.

By definition this means each mailing list he buys in or gets a third party to send MUST be checked against companies and
individuals that have asked to be removed. If he persists then you can get him done under the DPA.

Once you've told him to stop sending unsolicited mail/contacts, HE is responsible for breaches, no matter who he uses/employs
to carry out his marketing.

Also, if he's passing personal data outside the EU borders he's probably breaking EU data protection laws irrespective of SPAM
so using offshore mailing companies is no protection either.

AFAIK since last month for individuals he MUST be able to show active consent to be mailed, contacted and/or an existing
on-going business relationship with you as a customer, otherwise he is probably breaking the law.

HTH

Alan S

On 01 December 2003 16:20, Iain Bruce [EMAIL REMOVED] wrote:
>
> Lo all,
>
> I've just been spammed by [EMAIL REMOVED] to a mail address that is so
> very NOT on any mailing lists. Foolishly, this plank links to his website in
> his quality spam, where there's a contact number.
>
> Imagine his surprise when I called and expressed my love for the spam just
> received.
>
> He quickly stated that the email address was obtained from a company called
> www.fxstyle.net, who unfortunately don't have a contact number.
>
> My question is: Gary spammed me from a UK company (for web design services,
> doh!), is Gary liable for anything apart from abuse?
>
> Suggested options for giving Gary what he deserves?
>
> /me hates dumb spammers based in the UK who have a telephone number handy...
>
> TIA,
>
> iain
> www.bspin.co.uk
>
>
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