Wednesday, 9 October 2013
Spam court case
The case is clear cut - I was sent an unsolicited marketing email to an email address for which I am an individual subscriber. It is very simple. The email address used is one for which I personally pay Dedicated Programmes. They own the domain and own and operate email servers that provide the email to me, and they also provide email and other communications services to the public making them providers of public communications services. None of the grey areas I am currently discussing with the ICO over @aaisp.net.uk emails.
It is hard to see a more clear cut case. I am looking forward to it going to court.
The other side (Deane), have made offers to settle in full, but only if I remove all details from my blog, which is not going to happen. Though it was almost tempting to agree and then post a blog linking to archive.org copies of the posts. Anyone else wanting to archive and report the blogs on this guy, please do, and please post comments linking to those copies if they suddenly vanish from my blog. Not likely to happen, but who knows.
He has been aggressive the whole time, even accusing me of fraud. I have a right to claim damages for his apparent criminal breach of the regulations.
The latest amusement is that he claims that he has not received the paperwork, including the copy of the invoice and receipt from DP for the email services. Yet I know he received that by email previously as he replied to it. He claims it was marked as spam, which is odd as, well, he replied, so a tad inconsistent. Now he claims not to have the recorded delivery paper copies of the papers I intend to rely on in court. Royal Mail say they carded him and have them for collection. Even providing the RM reference, he claims not to be able to get it! Strange how, when I put the reference in to the RM website I have the option to request redelivery. Why can't he do that? Clearly he is just being difficult for the sake of it, in my opinion.
Well, I have done my bit and paid to post it to him and have proof of that - I really cannot see it being sensible to humour him any more by either emailing or posting stuff again, at expense of my time and money. He already stated that he wants to waste my time and money on this.
Anyway, court paperwork here, any comments, let me know. Maybe he'll read the paperwork here...
His only defence was that the regulations do not apply to B2B emails. I get the impression someone took him to court before who was not an individual subscriber and lost. Pity for him that is not the case here.
P.S. It is worth pointing out that as this is small claims track, if I lose this case, I get to pay his travel from Weymouth and that is it - not the threatened lawyers fees or other costs, a small amount, which will be a very low cost for any sort of training course on the legal system in the UK. It is hard to see how I would lose, but if I do we will all learn a valuable lesson and my blog will be enriched with the details.