I am actually trying to tackle the whole issue of damages here - how do I quantify the cost of receiving a spam or a series of spam - often it can throw me off my train of thought and cause significant stress and annoyance but rarely means paying extra cash to anyone. It costs A&A tens of thousands in spam filtering servers, hosting, power, networking, staff time and so on.
What I am proposing in this reply is one of several tactics I am trying out. The idea here is to make the damages a clearly demonstrable cost by making it part of a contract for the email services (just with me personally for now). This has not gone to court yet, and I have not collected the money from the company yet.
I am open to other ideas - I think £50 is not an unreasonable level of damages, and some other sites tackling spammers suggest that it should be much higher even as a personal claim.
Anway, my reply to latest spam:-
On 27/07/13 18:33, Thomson Data UK wrote:
Hi Adrian We’d love [redacted] to try us as a supplier for business marketing data. Our permission based B2B UK Data holds just over 695,000 records. Full information fields are included with an email address with every record.
I would love to know how you identify which of the email addresses in your databases are held by an "individual subscriber" whereby it could be a criminal offence to send unsolicited marketing emails. You even have to take in to account cases where an email address may have previously been that for a contact at a business, and is now supplied to an individual subscriber. Notably, you failed with regard to the email address to which you have sent this email. In light of this please take note of the following. NOTICE BEFORE ACTION! You have transmitted an unsolicited communication for the purpose of direct marketing by means of electronic mail to an individual subscriber contrary to section 22 of The Privacy and Electronic Communications (EC Directive) Regulations 2003. Andrews & Arnold Ltd provide spam filtering services to the subscriber for this email address, and provide compensation to the subscriber for emails which get past the spam filtering. The compensation claimed by the subscriber in this case is £50 as per our terms with the subscriber. As such Andrews & Arnold Ltd has suffered a loss of £50 because of your breach of the regulations. Under section 30 of the regulations, Andrews & Arnold Ltd is entitled to take civil action against you for damages. We hereby claim damages from you for costs of £50. Should this matter go to court we inden
td to rely on your email as evidence of your communication contrary to the regulations, and a copy of the contract between the recipient and Andrews & Arnold Ltd as to damages incurred as well as a statement from the recipient confirming consent was not given for transmission of such emails. In light of pre-action conduct directions under the civil procedure rules for action in the county court small claims track, and in consideration of the sums involved we invite "discussion and negotiation" as a means of Alternative Dispute Resolution (ADR), via email. If we receive no reply within 14 days, or if this discussion and negotiation does not resolve the matter, we will proceed with a county court claim without further notice. Please send your payment to:- Sort Code 20-16-99 Account 30170666 Reference A1209A-PECN0090 We may report this matter to the criminal enforcement authority for such breaches. They may take action and involve the CPS as well as issuing fines. If you choose to resolve this matter promptly with a payment we will refrain from doing so in this case. I look forward to your prompt reply.-- Adrian Kennard Director Andrews & Arnold Ltd UK Company 3342760