Mark Cooper v Anonymous-2

An out of court settlement.

This is the case by Mark Cooper against a company that eventually rectified their breach of the law when they realised that what they had done was wrong. Mark made use of the resources on this web site in order to enforce his rights and get a positive outcome for charity. As Mark is happy with the settlement he has not named and shamed them. Therefore in this page they will be called "Anonymous-2".

The wrongdoing.

The initial spam emails.

On 24th July 2007 Mark received an unsolicited commercial email from Anonymous-2 to his private email adddress.

The attempt by Mark Cooper to put matters right.

Giving the spammers the chance to put things right.

On 26th July 2007 Mark wrote to Anonymous-2 with the standard complaint letter from www.scotchspam.org.uk.

On 10th August 2007 as no response had been received from Anonymous-2, Mark sent another letter, advising it should be considered a formal Subject Access Request under the Data Protection Act. Mark enclosed a cheque for 10pounds payable to Anonymous-2, which is the maximum fee permitted under the Data Protection Act.

On 15th August 2007 Mark received an email from the Sales team at Anonymous-2, advising that they had received his cheque for 10pounds but would not cash it as it was a big mis-understanding.

On 16th August 2007 Mark replied to Anonymous-2, advising that responding to a Subject Act Request under the Data Protection Act is compulsory.

On 27th September 2007 again no response received from Anonymous-2. Mark wrote to them again advising that the 40 days permitted response time for the Subject Act Request had passed. Mark warned Anonymous-2 that a court order would be sort if necessary, obliging them to respond to his request.

On 1st October Mark received a letter from the Managing Director of Anonymous-2. He apologised for sending the original email, but did not disclose where he obtained the details, nor if they had been shared with any other companies.

On 14th October Mark wrote to the Managing Director of Anonymous-2 to advise that the response was unsatisfactory. Specifically Mark requested the name of the company they obtained his details from.

On 23rd October Mark received a letter from Anonymous-2 giving details of the company they purchased his details from. The letter also contained assurances that they had not shared his data, and they had now removed his details from their system. They also offered an MP4 player as an apology.

On 24th October Mark wrote to Anonymous-2 thanking them for finally releasing the details he requested 3 months previously. Mark requested that they make a donation to a charity of his choice instead of sending an MP4 player.

Settlement.

The settlement cheque arrives.

On 30th October Mark received a cheque from Anonmyous-2 made payable to Birmingham Children's Hospital Appeal.

Donation cheque in settlement of Spam case

Comment.

A positive result, all round.

Gordon was delighted to hear Mark was taking on his case using the materials on this site and glad to hear the outcome was so positive. One of the major reasons companies breach the law in this area is ignorance. The more people that complain and educate them the better for everyone. Had Mark not followed up this company would still not be aware of the breach of the law and thus could be unwittingly frustrating recipients of their spam. Mark's decision to request a donation to charity leaves the company better educated, his rights enforced and a charitable cause better off for the original breach. Well done Mark!