Re: FN-FORUM: UK based spam muppets

date posted 1st December 2003 17:04

Here is a link to the Privacy And Electronic Communications (EC
Directive) Regulation coming into force on 11 December:
http://www.hmso.gov.uk/si/si2003/20032426.htm

Basically the difference between opt-in and opt-out are as follows
(legal definition and not the Email Marketing Association definition).
Opt-in: Where you collect data telling the user you intend to use it for
marketing purposes and either ask them, at the point of collection, to
tick yes or invite them to tick no to stop you doing it anyway.

Opt-out: Where you collect data and don't tell them anything at the
point of collection, then you start marketing to them and they can ask
you to stop.


HTH


Andy Connor wizzmail limited m: 07974 666456 t: 0870 066 0005 (National
rate) f: 0871 433 8359 (National rate)
----- Original Message -----
From: "Iain Bruce" [EMAIL REMOVED]
To: [EMAIL REMOVED]
Sent: Monday, December 01, 2003 5:16 PM
Subject: Re: FN-FORUM: UK based spam muppets


>
> Hi Alan,
>
> Thanks for the info.
>
> This report on silicon.com (http://tinyurl.com/x7zn) indicates that its
Dec
> 11th 2003 when UK companies require the recipient be an existing customer
or
> has given their permission to receive such material.
>
> I can't find any links re "since last month for individuals" - is there
any
> further reading anyone could recommend?
>
> Cheers,
>
> Iain
>
> ----- Original Message -----
> From: "Alan Sheppard" [EMAIL REMOVED]
> To: [EMAIL REMOVED]
> Sent: Monday, December 01, 2003 4:50 PM
> Subject: RE: FN-FORUM: UK based spam muppets
>
>
> >
> > 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
> > >
> > >
> > > --
> > > * The Web Design Business Kit *
> > > Find out how to price your work, market your business, make pitches
> > > that get the client, write effective proposals and beat the
competition
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> > >
> > > To advertise here: http://www.freelancers.net/advertising.html
> > >
> > >
> > --
> > * The Web Design Business Kit *
> > Find out how to price your work, market your business, make pitches
> > that get the client, write effective proposals and beat the competition
> > into the ground. Download 4 free sample chapters.
> > http://sitepoint.com/launch/b7c91e/
> >
> > To advertise here: http://www.freelancers.net/advertising.html
> >
> >
> --
> * The Web Design Business Kit *
> Find out how to price your work, market your business, make pitches
> that get the client, write effective proposals and beat the competition
> into the ground. Download 4 free sample chapters.
> http://sitepoint.com/launch/b7c91e/
>
> To advertise here: http://www.freelancers.net/advertising.html
>
>