Man Sues and Wins against ISP for Spamming Mail
An Internet service provider has to pay 750 pounds together with expenses and interest to a man it spammed a single e-mail, ordered a Scottish court.
Transcom Internet Services will be refunding Gordon Dick the damages it caused in various sections. It will pay 750 pounds plus an interest amount at 8% since May 2006 plus 618.66 pounds as other expenses. Both the involved parties Transcom and Nominet are, however, disputing about the proceedings of the case that was based on a suit against Transcom ISP for sending Dick only one e-mail. This is the second time Dick has come out victorious in a spam case in UK.
Dick pulled Transcom to an Edinburgh court after he received a marketing e-mail appearing through an e-mail group under U.K. domain registry Nominet. Gordon Dick belonging to Newington reacted after two spam mails came to his private e-mail Id from an English-based firm wanting to sell software.
Dick accused Transcom for harvesting addresses from the Nominet group. But William Smith, Director of Transcom argued that Nominet subscribed Smith's mailbox, which sent promotions every month without taking his permission.
Transcom campaigned its own anti-spam services through its e-mail, which also had an unsubscribe feature. This particular message was delivered to nearly 72,000 people. Smith said Nominet enjoyed the ability to send e-mail directly to recipients and not through its list address, entangling Transcom into the incident.
According to Smith, as part of its regular marketing activities, the company sent the e-mail to Dick. He said every year, his company sent out e-mail making special offers to customers and people who were interested in their business. During all the years of their business, they had received only one complaint, that from Gordon Dick.
Dick charged Transcom in Edinburgh Sheriff Court complaining a violation of the Data Protection Act and the Privacy and Electronic Communications Regulations by sending an undesirable commercial e-mail.
After winning a historic legal triumph over spammers, Gordon Dick, an Internet expert, is preparing to launch a website to help other people battle out unsolicited junk e-mails.
Related article: Man Detained For Breaking into Cal-ISO Computer
» SPAMfighter News - 20-03-2007
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