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denny...which hopefully will be satisfying, if I can figure out the details. The company who are sending the spam (on behalf of the company who I think I'll end up taking to court) are called DBS Datamarketing Ltd. They were previously called Emailmovers and/or Database Solutions. They've ignored any number of remove requests and angry rants cc'ed to their unsubscribe addresses, and I'd really prefer to get them as well, if I can. Anybody else run across them?
Anyway, obviously the people who pay them are ultimatedly responsible, and tonight I've received a third spam from a UK company whose Marketing Director replied to my 'stop sending me spam' email (which was in reply to their first spam (of those which I've kept)) saying that he was very sorry and would personally talk to Emailmovers about the problem. So that seems like a fairly clear failure to opt me out, let alone the initial failure to opt me in.
Does anybody know anyone who has successfully put one of these cases through? I can only find one by googling, and I don't know how difficult it is to prove the point, and how you decide how much damages to try to claim etc. Any informed advice would be very very welcome at this stage.
Anyway, obviously the people who pay them are ultimatedly responsible, and tonight I've received a third spam from a UK company whose Marketing Director replied to my 'stop sending me spam' email (which was in reply to their first spam (of those which I've kept)) saying that he was very sorry and would personally talk to Emailmovers about the problem. So that seems like a fairly clear failure to opt me out, let alone the initial failure to opt me in.
Does anybody know anyone who has successfully put one of these cases through? I can only find one by googling, and I don't know how difficult it is to prove the point, and how you decide how much damages to try to claim etc. Any informed advice would be very very welcome at this stage.
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(no subject)
Date: 2007-02-17 12:39 am (UTC)Communications (EC Directive) Regulations 2003 regarding the initial adding of his address without opt in, and failure of them to remove it when requested.
Also, although I've not looked further into it, I suspect that companies using another companies services for advertising in this manner can be held responsible for their agent's actions on their behalf (the sending of the spam advertising their products or services).
However, to add to what I said at the start, I suspect that the reward for Denny will be less financial, more emotional...