Gordon Dick v Anonymous-1

An out of court settlement.

This is the case by Gordon Dick against a company which was happy to rectify their breach of the law when they realised that what they had done was wrong. As Gordon is confident they were genuine, that there did not appear to be any other parties involved and they were so willing to admit their error and put things right and settle he shall not name and shame them. In this page they will be called "Anonymous-1".

The wrongdoing.

The initial spam emails.

On 17th January 2007 and again on 1st February 2007 Anonymous-1 sent unsolicited commercial email to Gordon's private email address.

The attempt by Gordon Dick to put matters right.

Giving the spammers the chance to put things right.

On the 1st February 2007 Gordon Dick, wrote to Anonymous-1 with the standard letter found in the resources section of this web site. The letter noted to Anonymous-1 that Gordon believed they had breached the Data Protection Act and the Privacy and Electronic Communication Regulations in sending the email and required them to cease processing his personal data and erase any data they held about him as well as putting them on notice legal proceedings would be considered.

On the 7th February 2007 at 11.59 a director of Anonymous-1 called Gordon to clarify some details. Gordon recommended that if they still believe they had done nothing wrong they should seek advice from the Information Commissioner's Office (ICO).

On the 7th February 2007 at 14:18 the director of Anonymous-1 called Gordon again, stating he had spoken to the ICO and it appeared they had accidentally breached the regulations and apologised for doing so. As Gordon believed Anonymous-1 to be genuine and as Gordon believed Anonymous-1 was a small company he stated he may be willing to give up his claim to damages if they consider making a charitable donation to show the apology was genuine and to give Gordon confidence there was no ill intent. The director of Anonymous-1 said he would have to discuss it with others in the company and would get back to Gordon.

On the 26th February 2007 Gordon wrote to Anonymous-1 as he had not heard from them on the matter of a charitable donation putting them on notice that he may seek damages in court if a suitable arrangement could not be entered into.

On the 2nd March 2007 Anonymous-1 wrote to Gordon apologising for not having got back to him sooner and confirming they were happy to make a charitable donation to settle the case and asking which organisation should be the recipient of the funds.

On the 8th March 2007 Gordon wrote to Anonymous-1 requesting the donation cheque be made payable to Strathcarron Hospice and leaving the value of the donation to the discretion of Anonymous-1.

Settlement.

The settlement cheque arrives.

On the 16th March 2007 Anonymous-1 wrote to Gordon enclosing a cheque for £100 made payable to Strathcarron Hospice.

Donation cheque in settlement of Spam case

On the 20th March 2007 Gordon wrote to Anonymous-1 thanking them and advising them he now considered the dispute settled provided no problems occur with the cheque. Gordon also wrote to Strathcarron Hospice enclosing the cheque as a donation.

On the 21st March 2007 Strathcarron Hospice replied to Gordon thanking him for choosing them to benefit from the dispute settlement.

Comment.

One less accidental spammer.

Gordon was delighted with the outcome of this case and the responsible approach taken by Anonymous-1 when they realised they were in the wrong. Had Gordon not followed up on these emails they could have continued to unwittingly breach the law frustrating the recipients of the spam. However he did and there is now one more company aware of their legal duties not to make the same mistake again and a charitable cause better off as a result of the original mistake. A positive result for everyone.