Not only did they offer me "5% off my order", having ordered a "sale" watch, with no stated catches on the offer, and then not honour it (adding catches after I did what they said)...
Not only did they add me to a mailing list without my consent...
But having confirmed they have removed me from their mailing list, it looks like they did not, and I am getting email from another domain (toffgroup.com) trying to sell me more watches (I only have one left wrist) so clearly I am on their mailing list.
I'd complain to the ICO if I thought the ICO were actually any use!!!
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Adrian, last time I saw you in York I think you had two wrists. Has something bad happened?
ReplyDeleteOops, word missing there :-)
DeleteIf you are still in Distance Selling timeframe, return the watch to prove you don't want to do business with them.
ReplyDeleteIt is not "Distance Selling Directive" any more, but yes, I could return it. The watch is, of course, fine (which is down to Casio being reasonably good at this), and returning it would be more hassle for me.
DeleteHassle for you but restocking cost for them, unable to sell it again as new, etc.... If enough people do the same they might rethink their way of doing business. Customers should always vote with their feet (or RMA in this case).
DeleteYou can always 'whois' their web and email server IP addresses to find out the identity of their web/email hosts. You can also check who's carrying their traffic on the fist hop to the Internet. toffgroup.com is likely to be breaking the T's & C's of these organisations. I've had success on occasions sending emails to the relevant abuse contacts.
ReplyDeleteI would return it with a note explaining why, and go elsewhere.
ReplyDeleteHave you given up threatening legal action since your court case?
Hassle. As for court cases, not entirely but taking a step back - I need stronger cases.
DeleteThe best route ATM is using a double pronged S30 PECR and S13 DPA attack - namely that they have caused distress by violating your privacy which is actionable as compensation (see Google vs Vidal Hall which established a precedent in this area).
DeleteYou are putting your energies into a channel where you won't succeed. As you no doubt gave them a unique address, an autoresponder to forward it to various directors and senior managers at the watch company will irritate them. And as they seem to have sold on the address, they will reap the rewards of doing that as well.
ReplyDeletewhois says that toffgroup.com was registered by Watches2u, so presumably both spam lists are run by the same company. You've been added to one, evidently without clearly consenting to that, and have asked for removal from one of them. So they've done that – and, presumably following what I'm guessing is their normal practice, they've added you to their other list.
ReplyDeleteFun.
I wonder how many other junk domains they have.
FWIW, I got a £225 settlement out of De Vere Group after they did pretty much the same thing - got my address from somewhere (I wasn't a customer), spammed me, ignored my removal requests. ICO eventually ordered them to remove me which they did and then another company in the same group started spamming me instead. So I sent court documents to them and they settled.
DeleteIt's the soft opt-in. See ICO guidance
ReplyDeleteico.org.uk/media/for-organisations/documents/1555/direct-marketing-guidance.pdf
Soft opt-ins are not allowed if you don't provide an opt-out option at the time you collect the contact details.
DeleteThe pop-up had no "opt-in", "opt-out", or mention of adding to a mailing list in any way.
Delete