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"Case dismissed"

Well, the court case with Communicado happened on Monday and it went pretty much as expected.
Essentially the judge dismissed the claim because there were no quantifiable damages.
The time spent dealing with the spam and the money we spend on services to protect ourselves do not count as "damages" and so are not able to be claimed.

Part of Communicado's defence was the fact that I'm a business (erm, what?) and they kept trying to push the ICO guidelines for business to business marketing, but thankfully the judge was sensible enough to disregard that, and as I had explicitly mentioned The Privacy and Electronic Communications (EC Directive) Regulations 2003 in my claim, he wouldn't entertain it!

I was hoping that he would say whether he thought Communicado had actually breached the act but as he saw no damages, he wouldn't discuss any further.

Interestingly, Communicado seem to think that earlsoft.co.uk is a business, so dee@internalhost.earlsoft.co.uk is fine to email, yet when asked to remove earlsoft.co.uk they didn't consider the two related. Let me know if you figure that one out.

Thank you to Phil Sabin for the use of his laptop to view the act and I'm sorry I didn't get to shake your hand before you left.
Maybe next time :)

Comments

Yesterday (26 September 2014) I received over 120 spam messages from these clowns. I emailed them asking them to stop and threatend to report any further spamming to the Information Commissioners Office, so will wait and see what happens next.