Invoicing junk mailers

lessbeauty

No longer need an answer.

somethingcorporate

You wouldn't be breaking any laws but they wouldn't have to pay it and you would have no way to enforce it.

Edit:

Deleted OP (who obviously didn't like the answers they got):

"Not sure if this is the right place to post. But I have a question about the legality of something. I get my fair share of unsolicited text messages, snail mails and emails from various companies. I recently got a text message offering a 20% discount on a haircut. I didn't ask them to send me the text. I don't want the offer. You can't reply to the text because it is an automated system. I want to know if I am within my rights to invoice this or any company for the interruption. Would I be breaking any laws if I were invoice them for their unsolicited interruptions to my life? Thank you in advance."

pendulum

This is a capitalist country, advertising is legal.
You could be breaking the law if your invoice suggests or claims they owe you money when they do not (obtaining money by deception).

lessbeauty

What if you warned them that if they sent you further unsolicited material you would invoice them?

somethingcorporate

No, it will not work unless you get them to agree to a contract. I don't think you can get agreement by omission.

pendulum

It's roughly the same as me telling you "If you reply to this post, I'll charge you £5".

Have a look at the TPS and MPS though.

crazyguy

A lot of these sms messages are sent without peoples opt in agreement and as for invoicing them no you cannot as you will receive nothing from them in the majority of cases that an sms is received you may have opted into another agreement ie: online survey or website marketing so you will have no recourse for any such action.

You can of course if you find the provider of the sms request that they remove your details from there data base and allow a timescale for this to be actioned, if after a certain period you still receive further sms then you can of course put in a complaint to the ICO and DMA and if you want to can make a legal challenge under the Data Protection Act.

The vast majority of these sms are sent from unlawful sim farmers who gain your number via numerous means they may use number generator systems or may buy legite data in any event there is a myth that replying to these messages will put your details onto yet another data base in truth once you receive an sms they know it has been received and then add it onto another data base that they in turn sell onto x y and z company to make some more money.

A lot of these firms sending sms do break a lot of rules and there looks to be a new set of regulations coming in at some stage.

Ignorance is no excuse for unsolicited emails

Despite tightening laws on privacy regulations, many UK companies are still sending unsolicited texts and emails to consumers. Matti Alderson, Director of Firehorses and Chairman of the Direct Marketing Commision (DMA), takes a look at how brands can avoid becoming an unintentional spammer.

Here at the Direct Marketing Commission, one of the greatest number of complaints that we receive in the digital arena is from people who are sent emails that they don’t want.
Sometimes this is because the unsubscribe mechanisms given at the end of an email don’t work, or that they are not even given the opportunity to unsubscribe in the first place.
It is surprising, and unacceptable, that some companies in the UK and throughout the European Union still don’t know the law: it is against privacy regulations to send unsolicited email marketing or even text a consumer if they have not originally given them permission to do so or are not recent customers.
Companies should always give consumers the choice to opt out of receiving unwanted emails and they are obliged to provide a working unsubscribe mechanism, such as a return email address to which consumers can send unsubscribe requests.
Of course, it is good practice as well to inform consumers how long it might take for the unsubscribe to take place.
It is important for future trust and confidence in direct marketing that companies understand the law fully and take time to ensure that their systems and procedures are in place and working effectively before broadcasting emails.
At the DMC, we pursue complaints from consumers who are receiving unwanted emails, who are unable to unsubscribe or they may be concerned that their contact details have been passed on by a third party without their consent: - they can complain to us via our online complaints form on our website,www.dmcommission.com.

Of course, spam emails are another common concern, and though at the DMC we can’t actually prevent this happening, the Information Commissioners Office has legal powers to ensure that companies comply with the Privacy and Electronic Communications Regulations.


http://www.digitalstrategyconsulting.com/netimperative/alderson/2009/11/ignorance_is_no_excuse_for_uns.php

The Direct Marketing Association (DMA) has urged the Information Commissioner’s Office (ICO) to start to get tough on text spam, following the Justice Select Committee’s call for custodial sentences to be handed out for breaches of the Data Protection Act.
Commenting on the recommendations of the Justice Committee’s report, Mark Brill, chair of the DMA’s Mobile Marketing Council, said: “We welcome the government’s commitment to banning referral fees, and increasing the deterrent to the criminals who breach the Data Protection Act. However, we disagree that the ICO needs extra powers to investigate the kinds of data abuses outlined in the report; the ICO already has all the powers it needs to investigate wrong-doing but isn’t using them.
“This is a good opportunity for the ICO to start to get tough on the scourge of text spam. If spam is a possible sign of criminal activity, then the ICO should use the powers it already has to investigate consumer complaints and take action. To date it has failed to so. That the ICO has not taken action is reflected in the fact that very few people know who to turn to when they receive SMS spam. We’re particularly concerned that little is being done to protect the consumer and the legitimate multi-million pound SMS marketing industry.”
This year, the DMA formed a working party with representatives from Ofcom, the Ministry of Justice, the Information Commissioner’s Office, the Office of Fair Trading, and mobile service providers, to address the issue of clamping down on SMS spam.
As highlighted by the findings of the Justice Committee’s report Referral fees and the theft of personal data: evidence from the Information Commissioner, organisations including car insurers, police, towing companies, garages, hospitals, and accident management companies have been caught supplying data to personal injury lawyers. This information is then used by claims companies to send unsolicited text spam messages to people that have come into contact with these organisations, typically through being involved in car crashes, or suffering other accidents.
Research conducted by the DMA in June highlighted the scale of the problem, revealing that 43 per cent of adult mobile users have received one or more SMS messages regarding accident claims, debt management or the mis-selling of personal protection insurance.
The DMA is particularly concerned that consumers are not aware that the ICO is responsible for enforcing the rules concerning SMS spam. In the DMA’s summer poll of 1,200 UK adults, just three per cent identified the ICO as being the regulatory body to complain to; 46 per cent said they had no idea who they would lodge a complaint with in the event of receiving SMS spam.

http://www.mobilemarketingmagazine.co.uk/content/dma-calls-tougher-action-text-spam

How to Deal with Accident Claim Spam SMS

February 11, 2011 by Mark Brill 20 Comments


New Research from DMA: 43% of people in the UK have received such a message
For the last two years, we have frequently seen spam accident claims text messages. Having taken many a straw poll at events and conferences it seems that a significant percentage of people in the UK have experienced these messages.
This article explains who is sending them and what you can do about it:
From: 447973017918
Free Msg; Our records indicate you may be entitled to £3750 for the accident you had. To claim free reply CLAIM to this message. To opt out text STOP.
The number that it comes from frequently changes, as does the reply keyword (eg CLAIM or YES) and the amount.
Who is sending these messages?
The people sending out these messages are known as ‘claims farmers’. These are companies who find leads and then sell those to accident claims management companies. By the time they reach the claims management service, they are verified leads of people who may well have a legitimate accident claim.
There are 100s of claims farmers in the UK and it would seem that many of them are involved with this type of SMS activity. RBS Insurance did a study last year and found that 11% of accident claims started with this type of SMS.
Surely it’s Illegal?
It all depends on how you define ‘illegal’. It’s not a criminal activity – for example there is no evidence that they are trying to defraud anyone by asking for money. However it does breach a number of regulations. It breaches the Privacy and Electronic Communications Regulations in two ways:
1. The company sending the message is not identified – some people think the company is called ‘FREEMSG:’, however that is simply telling the recipient that the message was free to receive (which it is).
2. The recipient did not opt-in to receive the message. There are two types of opting-in – a hard opt-in is where you specifically agreed to receive the information, and a soft-opt in is where you may have been in contact with a company to buy something or a discussion about buying something, or you may have allowed your details to be given to a third party for marketing purposes.
Typically companies sending spam will claim that you gave your details on a website at some point. However, the onus is on them to show exactly where they got your details and prove that you opted-in. Simply saying ‘you gave your details on a website’ is not acceptable. It is clear from the number of people I have contacted that they would not have given out their mobile phone details at any time.
Accident claims and debt management companies are regulated by the Ministry of Justice (MOJ). Under their regulations, claims marketing messages cannot be misleading or alarming. These text messages breach both of those requirements.
Their website is here: https://www.claimsregulation.gov.uk/index.aspx
You can complain by email: [EMAIL="info@claimsregulation.gov.uk"]info@claimsregulation.gov.uk[/EMAIL] or by phone on 0845 450 6858 or 01283 233 309.
Will receiving or replying by SMS cost me money?
The short answer is no (apart from any cost to send a standard SMS). Any SMS that makes a charge to your phone must come from a shortcode number (4,5 or 6 digit number), and there are strict set of guidelines that make it very difficult to do illegally. If you feel that it may have cost you money then contact the regulator, PhonepayPlus. They have emergency powers to shut down any service that breaches their regulations.
What should I do with the SMS? Reply, delete it or report it?
Some people believe that SMS is like email, and that replying to it will verify the mobile number. That is not the case with SMS. All text messages include a delivery receipt, so the sender knows that you have a live mobile number without you having to reply.
On the whole it is better not to reply to the messages. There is no evidence that replying to the message will initiate further texts or calls (I have replied to a few of them and received just one phone-call back), however if you are worried about further spam, then don’t send a reply.
You could reply telling them to ‘Fcuk Off’. It will make you feel better, but it will do nothing. In all likelyhood their systems will only recognise the reply words in the message (CLAIM or STOP), so your reply will simply end up unnoticed on the server. If you really want them to read the message then start your reply with the keyword (eg CLAIM) then tell them to ‘Fcuk Off’. Or better still, tell them that you are reporting their spam to the MOJ (see below).
DON’T DELETE THE MESSAGE. Even though it’s annoying to have it on the phone, it cannot damage your mobile in any way. You WILL need the message on your phone if you are going to do make a complaint.
How to Report a Spam Message
Definately report it to the MOJ (see emails and phone numbers above). They may or may not be able to do something but it is essential they know it is happening. The MOJ are very concerned about this kind of activity.
You should also report it to your operator. All UK operators have some kind of spam reporting service (though not always made very public). I found the following:
Orange, O2, T-Mobile and Three: Forward the SMS to 7726
Vodafone: Forward the SMS to VSPAM (87726)
Alternatively complain through their customer service department.
Ultimately your operator can only help filter the messages, not stop them entirely. Filtering SMS can be problematic as unlike an email they lack any real data – it can only see the message and the sending number. Thus, variations in the message or the number it comes from may by-pass the spam filter. However, keep report it as it all helps them deal with the problem.
How did they get my number?
To be clear, your mobile operator cannot sell or give your number to a third party, so it will not have come directly from there. There are a number of ways they can get your number:
1. Rogue individuals at mobile operators – although the operator will not have sold your number it is possible that someone working or contracting for them did do that. There was an incident with a T-Mobile employee doing just that in 2009.
2. Unscrupulous data providers – this is the most likely route. These providers collect numbers through a range of sources such as websites or online surveys and sell them on, claiming they are legitimate.
3. Number generation – there are set operator codes, so it is possible to take those codes and randomly generate the last six digits. This, however is quite an expensive way to send messages, as many of the SMSs will fail (but the spammer will still pay to send them).
The best way to deal with the spammers
The ideal way to deal with the spammers is to find out exactly who the company is and report the information to the MOJ. Unfortunately that means replying to the message. I haven’t had any noticable spam as a result, so if you are prepared to take the risk then it’s worth it. It is really important to get as much information about the company as possible. At the every least their website address. Ideally get them to confirm by email or SMS. They have been known to deny phone conversations. If it is a phone conversation then make notes of the date and time of the call, the number they called from (if you have it) and the name of the person you spoke to. Once you have the information, send it to the MOJ.
Update
I replied to one of the accident claim texts. About four days later I got a call from a withheld number. The caller said ‘we believe you have been recently injured in an accident’. I asked who was calling, and was vaguely told that they were a ‘network of claims managers’. They said my number had been passed on by another company. I asked who that company was and they told me they didn’t know. I asked them to call back with the company name and they said they would. Suffice to say I’ve never heard back from them.

http://txt4ever.wordpress.com/2011/02/11/how-to-deal-with-spam-sms/

lovinituk

lessbeauty wrote: »

Not sure if this is the right place to post. But I have a question about the legality of something. I get my fair share of unsolicited text messages, snail mails and emails from various companies. I recently got a text message offering a 20% discount on a haircut. I didn't ask them to send me the text. I don't want the offer. You can't reply to the text because it is an automated system. I want to know if I am within my rights to invoice this or any company for the interruption. Would I be breaking any laws if I were invoice them for their unsolicited interruptions to my life? Thank you in advance.

How much were you thinking of charging them for the approximate 10 second interruption to your life?! I'm not a particular fan of unsolicited advertising but come on, don't you think you are taking it a little too seriously? I've registered with TPS and the like but anything that slips through is ignored/deleted/binned and I move on. It's mildly annoying but it's not the end of the world.

crazyguy

lovinituk wrote: »

How much were you thinking of charging them for the approximate 10 second interruption to your life?! I'm not a particular fan of unsolicited advertising but come on, don't you think you are taking it a little too seriously? I've registered with TPS and the like but anything that slips through is ignored/deleted/binned and I move on. It's mildly annoying but it's not the end of the world.

The TPS only works against phone calls and can take up to 4 months to come into effect, even being on this list will not stop all the cold callers as quite simply some do not bother to screen there raw data against these lists in a bid to save money and time or just have a disreguard for the legislation in place.

texranger

the OP will be just another person that cant read and most likely ordered something online or mail order and never bothered to read and either tick or untick the boxes asking for their details not to be passed onto other interested parties or for them to pass marketing details to you.
if they don't have any such options then simple give them a false email and mobile number or what i do, i have a yahoo email address i use for this purpose so any spam sent will go their and not my main email addrerss

lovinituk

crazyguy wrote: »

The TPS only works against phone calls and can take up to 4 months to come into effect, even being on this list will not stop all the cold callers as quite simply some do not bother to screen there raw data against these lists in a bid to save money and time or just have a disreguard for the legislation in place.

I appreciate that, which is why I said about any that slip through the net. To be honest all you need to do is hang up on them. As I said, yes it's annoying, but it's a few seconds of the OPs life - hardly worth invoicing for!!