tag:blogger.com,1999:blog-3993498847203183398.post2279498132148385554..comments2024-03-28T09:19:27.451+00:00Comments on RevK<sup>®</sup>'s ramblings: Paying to a charity to settle a claim?RevKhttp://www.blogger.com/profile/12369263214193333422noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-3993498847203183398.post-56491658649186930662015-01-14T09:04:10.738+00:002015-01-14T09:04:10.738+00:00If they instructed the affiliate to send the marke...If they instructed the affiliate to send the marketing communications, it seems to me that they "instigated the transmission" and are in breach of regulation 22 paragraph (2) of the PECR.<br /><br />If they can plausibly claim that the affiliate sent the communication of their own volition (e.g. me spamming the world about Alex Threlfall Industries), they are probably in the clear; you'll have to go after the affiliate instead, since they did the sending. (Note that nothing in the PECR suggests that the marketing communications need to benefit the sender: regulation 22 paragraph (2) prohibits transmitting "unsolicited communications for the purposes of direct marketing by means of electronic mail" unless the recipient consents.)st42https://www.blogger.com/profile/01085718626453111584noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-50686449466204365922015-01-13T16:17:50.518+00:002015-01-13T16:17:50.518+00:00I've got a similar dilemma. I've had one r...I've got a similar dilemma. I've had one reply back saying that they weren't the sender, but were the ultimate beneficiary from the email (which was sent by an affiliate). Somewhat puzzled at how to proceed with that one.Alexis Threlfallhttps://www.blogger.com/profile/11792447399167532389noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-35653871323747406472015-01-12T20:09:47.633+00:002015-01-12T20:09:47.633+00:00I think Simon is being too generous. I have just f...I think Simon is being too generous. I have just finished (and can recommend) Spam Nation by Brian Krebs. In it he describes how the spammers would refund at any hint of trouble to stay below Visa/Mastercard's radar. I think occasional payments like this are just seen as a "cost of doing business" and preferable to appearing in court/ creating an evidence trailPFWhttps://www.blogger.com/profile/09895618815619823403noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-79554319778370627442015-01-12T12:57:25.714+00:002015-01-12T12:57:25.714+00:00> he has insurance for this
He may well just h...> he has insurance for this<br /><br />He may well just have a standard business public liability policy that covers claims resulting from his inadvertent negligence. Of course if he knew what he was doing was illegal, I'm sure his insurer would have something to say about his wilful negligence!<br /><br />> someone would pay to a charity rather than to "me" as a means to "settle" the claim<br /><br />It might make sense if it is a punitive fine - they don't want you to benefit from causing them trouble, but also want to be seen to be taking the punishment, so hand some cash over to a charity.<br /><br />It doesn't make sense when paying damages though - the payment is supposed to cover your losses, and sending money to a charity does not do this. They are of course free to give money to a charity, but that doesn't absolve them of their debt to you. :)<br /><br />I've sent notices to a few companies this year - no replies yet (although they haven't used up their 14 days yet). I guess I have to decide whether to proceed to court if there's no response.Steve Hillhttps://www.blogger.com/profile/09798286430189689578noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-21081800256308103152015-01-12T09:31:24.443+00:002015-01-12T09:31:24.443+00:00I think a lot of people view court payments as a p...I think a lot of people view court payments as a punishment to the defendant and a prize to the plaintiff, rather than a means of putting right a genuine loss to the plaintiff.<br /><br />By offering to pay the money to charity he's saying "Ok I did something naughty and I've taken my punishment," hoping you'll go away. If you accept he gets to feel good about giving to charity, and avoids feeling like you're getting a reward for chasing after him. If you turn down the offer then his idea that you're a nasty person is reinforced, and gets to feel less guilty about what he did in the first place.<br /><br />What you're encountering is people who genuinely don't understand that spamming is a bad thing (else surely they'd not do it). When you call them out on it they'll mentally bend over backwards to avoid accepting their behaviour is wrong.Anonymoushttps://www.blogger.com/profile/04865364963936135464noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-91153730800793541462015-01-12T07:35:50.322+00:002015-01-12T07:35:50.322+00:00One possible advantage is that this leaves no evid...One possible advantage is that this leaves no evidence of an admission of liability. If he was ever in court in future and you decided to give evidence against him, what have you got? A payment to charity and he can deny it was anything to do with you.PFWhttps://www.blogger.com/profile/09895618815619823403noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-89118129353590429662015-01-11T18:58:38.850+00:002015-01-11T18:58:38.850+00:00Would be interesting to see where this is coming u...Would be interesting to see where this is coming up as a scam. I've been hitting a few companies since xmas, and I've got a couple of live ones now who've responded, so will be dropping them court summonses very soon!Alexis Threlfallhttps://www.blogger.com/profile/11792447399167532389noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-51740660729428496342015-01-11T14:02:33.389+00:002015-01-11T14:02:33.389+00:00+1 KS+1 KSSimonFhttps://www.blogger.com/profile/03711861360301638111noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-22949344844031914582015-01-11T12:44:38.125+00:002015-01-11T12:44:38.125+00:00You could ask him. I believe his arrogance is such...You could ask him. I believe his arrogance is such that he feels he's the wronged party, and can't stomach giving you the cash. The charity angle is just an attempt to guilt you into accepting his offer, while at the same time redeeming a bit of his personal integrity.Anonymoushttps://www.blogger.com/profile/11218049926611385694noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-32119624439802914352015-01-11T10:33:39.784+00:002015-01-11T10:33:39.784+00:00I imagine that this is for the simple reason that ...I imagine that this is for the simple reason that it can be filed under "charitable donations" and not "legal expenses" which looks worse on the books.The Backup Exec Goathttps://www.blogger.com/profile/16532538047698437455noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-28320745780012662992015-01-11T09:56:40.626+00:002015-01-11T09:56:40.626+00:00I would guess they have suggested this as charitab...I would guess they have suggested this as charitable donations are tax deductible so they can just write it off, effectively costing them nothing Jonhttps://www.blogger.com/profile/13357075385700666558noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-16396653344959085172015-01-11T00:13:58.174+00:002015-01-11T00:13:58.174+00:00Simple enough - point out that you are not the NSP...Simple enough - point out that you are not the NSPCC and the invoice still stands. Might be worth getting a third party to purchase something from him and then, when he requests payment, make a similar tax-deductible donation to a random charity and see what his reaction is.<br /><br />I believe some people do this because they work on the basis "Well, I don't think I'll win saying the money isn't payable, but I don't want 'them' getting the money - so I'll send it elsewhere: they won't be heartless enough to try and get their money out of the charity..."Richy Bhttps://www.blogger.com/profile/11328244621821820978noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-46883454743262531102015-01-10T23:53:11.945+00:002015-01-10T23:53:11.945+00:00My thought on this is that in agreeing to let him ...My thought on this is that in agreeing to let him pay money to a charity, you are admitting that you haven't incurred real costs and are just trying to penalize him because you can. And maybe he can think he can use this fact at a later date.Alan Cliffordhttps://www.blogger.com/profile/07203284236816302240noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-48782104068376064242015-01-10T20:17:49.399+00:002015-01-10T20:17:49.399+00:00Tell them you'll settle and then pay it to a c...Tell them you'll settle and then pay it to a charity yourself?Anonymousnoreply@blogger.com