 "Make
the Spammers Pay!" -
15/03/2007 |
An Internet
consultant who won damages in a Scottish court after he received a single
unwanted e-mail has launched a campaign to help people tackle "spammers."
Gordon Dick, has set
up a Web site with the motto "Make the Spammers Pay!" that tells people
how to take legal action against those who send unsolicited email.
Dick, who won £750
plus costs in an Edinburgh court after suing over the unwanted e-mail last
month, hopes others around the world will follow his lead. However, the
company which sent the e-mail denies sending spam and says his campaign
will damage firms by deterring them from using e-mail as a marketing tool.
"It was a major
decision to take," said Dick, from Edinburgh, "I had never been in a court
before, I'd never dealt with the legal process and I was doing this
unrepresented.
"The more familiar
people are with the legal system, the more likely they are to make use of
it, which is why I published how you could actually go about doing it."
His case has
reignited the debate over how companies can use e-mail marketing without
breaking anti-spam laws.
Under European law,
companies can only send marketing messages to consumers with their prior
consent. This rule is relaxed, however, if a company has gathered
someone's address in the course of a sale and it gives the recipient a
chance to object.
The British-based
Internet and satellite firm which sent the message to Dick, said it was
not spam, but a single, annual marketing e-mail to customers.
A company director
said Dick's address inadvertently entered his company's system when it
received a group email which also contained Dick's name.
He argues that Dick
did not even "win" the case, but was awarded damages by default after his
firm dropped its defense to avoid huge legal bills.
"I suppose we should
have continued, but I didn't want a 50,000 pound bill for 750 pounds," he
said. "Our lawyers said 'well look he's only asked for 750 pounds, if you
persist in defending ... it's just going to run into thousands."
"We're not a
marketeering company. There's no need to be labelled a spammer."
Dick said he did not
want to stop companies from sending emails to genuine customers. He also
accepts his campaign can do little to stop the sort of spam that offers
drugs, sex aids and weight loss pills. Many are sent by criminal gangs
from outside Europe, putting the sender beyond the reach of EU law.
"They have to be
dealt with by technological means of filtering," Dick said.
Source: Reuters
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