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Communicado *almost* admit breaking the law!

After a long delay, it appears my email has been escalated up to the owner!

Deanna,

We have suppressed the domain @earlsoft.co.uk, you should not be receiving more email to it. If you are receiving email to another domain please inform us of the domain or forward us a copy of the flyer received so that we can also suppress that domain….or use the unsubscribe link to remove an individual email address.

I’m sorry if you have received unsolicited commercial emails as an individual, we do our best to ensure we only send to businesses ( which is allowed in the ICO guidelines), but this seems to have failed in this case.

Whilst I appreciate you don’t wish to receive the emails there is little I can do other than remove any addresses or domains you request us to, or you could use the unsubscribe link.

Kind regards

Well, they seem to agree that I am an individual subscriber, but not yet agreed that they're subject to the law.
Let's try and get a clarification.

Thank you for your reply Phil.

Just to confirm, you now accept that you have been sending to an email address that is delivered to an individual subscriber's mailbox and in turn agree that you are not excepted from provision 22, paragraph (2)?
As such, I look forward to your settlement of £80 by the end of the 9th of August 2013 as per provision 30, paragraph (1).

Seeing as the email address you're sending to is at a sub domain of my earlsoft.co.uk domain (redacted.earlsoft.co.uk), the address of which could only have been discovered by a dictionary attack, can you confirm where you got the address from and what says it is a business address and won't end up in an individual's mailbox?

I look forward to your reply.

--
Deanna Earley

Watch this space...