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Communicado think the law doesn't apply to them

So, after my email to Communicado quoting the law at them, they seem to have missed it. They replied again a few days ago, and sent me a letter today restating that they won't pay damages and any court case will fail (we'll see in a few weeks).

Deanna,
The ICO have been quite clear on how to deal with these situations.

"If you receive marketing by email that you don’t want from an identifiable
and legitimate UK based company that you know and trust, you should first
use the ‘unsubscribe’ link or email the organisation to ask them to stop
(remembering to keep a copy of any correspondence). Tell the sender about
the problem and allow them time to put things right. Legitimate, well-known
companies will offer opt-outs, and in many cases things can be resolved
quickly without us getting involved."

http://www.ico.org.uk/for_the_public/topic_specific_guides/online/spam_e...

This has now been dealt with, and you will cease to receive emails to the
address/domain you have provided.

The rest of the page I have linked to may give you more information about
this scenario.

Thanks for your reply,
And have a good week
Chris

Interestingly they quote the ICO with "...from an identifiable and legitimate UK based company that you know and trust". I'd never heard of them before I started digging into their spam emails, and most certainly don't trust them, seeing as they "removed" my address and I'm still receiving their illegal spam.

I thought I'd restate the law at them, try and find out why they think they're exempt and what prior business relationship I've had with them.

On 23/07/2013 22:23, Chris Comm wrote:
> Deanna,
> The ICO have been quite clear on how to deal with these situations.
>
> "If you receive marketing by email that you don’t want from an identifiable
> and legitimate UK based company that you know and trust, you should first
> use the ‘unsubscribe’ link or email the organisation to ask them to stop
> (remembering to keep a copy of any correspondence). Tell the sender about
> the problem and allow them time to put things right. Legitimate, well-known
> companies will offer opt-outs, and in many cases things can be resolved
> quickly without us getting involved."
>
> http://www.ico.org.uk/for_the_public/topic_specific_guides/online/spam_e...
>
> This has now been dealt with, and you will cease to receive emails to the
> address/domain you have provided.
>
> The rest of the page I have linked to may give you more information about
> this scenario.

Hello Chris and thank you for your reply, but that is not all of the story.
The simple fact is that it is against the law to have sent me the emails in the first place.

> (1) This regulation applies to the transmission of unsolicited
> communications by means of electronic mail to individual
> subscribers.
> (2) Except in the circumstances referred to in paragraph (3), a
> person shall neither transmit, nor instigate the transmission of,
> unsolicited communications for the purposes of direct marketing by
> means of electronic mail unless the recipient of the electronic mail
> has previously notified the sender that he consents for the time
> being to such communications being sent by, or at the instigation of,
> the sender.

Can you tell me what makes you think that the mail box in my name on one of my hosts (the fully qualified address of which has never been used outside that host) does not belong to an "individual" for the purposes of The Privacy and Electronic Communications (EC Directive) Regulations 2003?

Here is the definition of an individual with regards to those regulations:
> “individual” means a living individual and includes an unincorporated
> body of such individuals;
Note that this doesn't seem to exclude "individuals" at a company.

Either way, can you provide copies and details of any previous sale or negotiations I have had with Communicado Ltd (03709008) regarding their products or services that allow you to be excepted from provision 22, paragraph (2) as per paragraph (3)?

For your information, I have received another 9 unsolicited emails in contravention of provision 22, paragraph (2) since you said you would remove my addresses and domain, the latest at 15:48 BST on the 31st of July, bringing the total now to 19 from all different domains.

Just a reminder that the 14 days from my original request is up on the 9th of August.

Kind regards

Watch this space...