Tag: spammers

I’ve just received a spam email from VistaPrint (I have been a customer of theirs before, but not under the email address they targeted, and will now never use them again) and, taking a leaf out of RevK’s book, I’m sending them a notification of breach of the The Privacy and Electronic Communications (EC Directive) Regulations 2003 and giving them 14 days to make payment as below. I’ll let you know how it goes:

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.
Under Nominet regulations (section 9.2) for .me.uk domain names (you emailed xxxxx@xxxx.me.uk), “registrants of .me.uk domain names must be, and remain at all times, natural persons” – and as the paying individual for the domain name registration and the email service theron, I am the individual subscriber as per the above regulations.
This is not a Data Protection Act issue, or an issue with your “unsubscribe” link – the regulations have been breached by sending an email without having had a sale or negotiations with me and without my consent to the email being sent.

You now owe me damages as per section 30 of those regulations. If you promptly pay £15 in damages I will not pursue you for damages as per the regulations or report your breach to the ICO so that they can consider fining you.

I look forward to payment of £15 within 14 days or I will issue a county court claim against you without further notice.

Send payment to:
Sort code: xx-xx-xx
Account: xxxxxxxxx
Reference: 20130807-VISTAPRINT
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 I invite “discussion and negotiation” as a means of Alternative Dispute Resolution (ADR), via email. If I receive no reply within 14 days, or if this discussion and negotiation does not resolve the matter, I will proceed with a county court claim without further notice.

I 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 I will refrain from doing so in this case.

I look forward to your prompt reply.

Yours,
Richard Bairwell

Return-path:
Envelope-to: xxxxx@xxxx.me.uk
Delivery-date: Wed, 07 Aug 2013 11:56:31 +0000
Received: from nextmailing.biz ([89.44.179.101]:57391)
by xxxxx.xxxx.xxxx with esmtp (Exim 4.80.1)
(envelope-from )
id 1V72Lv-000168-9w
for xxxxx@xxxx.me.uk; Wed, 07 Aug 2013 11:56:31 +0000
DomainKey-Signature: [snipped in blog post]
Date: Wed, 7 Aug 2013 11:56:30 +0000
To: xxxxx@xxxx.me.uk
From: Proffesional Printing
Subject: You individual business cards + delivery included
Message-ID:
Content-Language: en
MIME-Version: 1.0
Content-Type: multipart/alternative;
boundary=”b1_b413bc1dca758330778e2edbd9e9ace4″

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