John Lewis Penalized for Spamming Individual

Decisionmarketing.co.uk reported on 2nd June, 2014 stating that thousand of companies could be dragged to courts after department store chain John Lewis was told to pay damages for sending unsolicited spam messages to Roddy Mansfield.

Mansfield registered his details on the website of John Lewis was assumed as opted for being used for marketing by pre-ticking consent box. When he started receiving emails, he issued proceedings below the EU Privacy & Electronic Communications Regulations 2003.

A judge at a Country Court hearing ruled that the firm had acted illegally because it could not attest that Mansfield had decided to receive email messages or was one of their very many customers.

It is understood that despite the law has been in place for over a decade, it's the first time that an individual has won compensation following a ruling passed as accords to the legislation.

Pre-ticked consent boxes were in wide use for very many years and some companies still use them thereby making their own selves vulnerable to similar legal action.

Thedrum.com published a report on 2nd June, 2014 quoting Mansfield, a Producer with Sky News as saying: "John Lewis argued that because I had not opted-out of receiving their emails, I had automatically opted-in. But an opportunity to opt-out that is not taken is simply that. It does not convert to automatic consent under the law and companies risk enforcement action if they use pre-ticked boxes."

"John Lewis' lawyers then argued that because I browsed their website I had "negotiated" with them for a sale and a business relationship existed between us which would allow them to email me. The judge threw that out too."

Thedrum.com published a report on 2nd June, 2014 quoting John Lewis as saying "Mr. Mansfield willingly gave us his email identity, created an online account and did not choose to opt-out of marketing relations when that alternative was available to him. We always endeavor to act in a manner which is convenient to our customers by carefully listening to customers while communicating with them and we are sorry for the inconvenience caused to Mr. Mansfield.

» SPAMfighter News - 6/12/2014