Spamalot – Recent Cases On Direct Marketing

Widespread use of email and increasingly advanced mobile phones has created wider opportunities for advertising.  However, unsolicited email and texts are often unwelcome and put customers off, rather than encouraging them to buy.  Most recipients simply delete unwanted mail but recently complainants have challenged the senders of spam, with some success.  The Edinburgh Sheriff’s Court ordered Transcom to pay Mr Gordon Dick £750 damages for sending him an unsolicited email and the ASA has required World Networks to pre-clear its future adverts following complaints relating to its SMS advertising. Direct marketing is regulated under the Privacy & Electronic Communications Regulations 2003 (the "Regulations").  Generally, the Regulations require advertisers not to send direct marketing by email and text except to individuals who have given their prior consent or "opted-in".  However, a company may send marketing material to an individual whose details it had obtained through selling or