Wherever you are in the European Union it is time to
Scotch Spam!scotch:(verb) to put a definite end to; crush; stamp out.
Spam Legal Action Resources.
Templates to help you.Here you will find some useful templates that you may wish to use and adapt for your own legal action against your spammer.
A First Letter.
An attempt to let the spammer put things right and explain themselves.Dear Sir/Madam,
Spam by [insert company name]
On [insert date] the attached message[s were/was] sent to my private email address. This email was unsolicited commercial email and, since we have never had any dealings previously, was unlawfully sent.In particular, it was contrary to section 22 of The Privacy and Electronic Communications (EC Directive) Regulations, (SI2426/2003) ["PECR"], available at: http://www.opsi.gov.uk/si/si2003/20032426.htm. In addition, this action breaches your obligations under the Data Protection Act 1998, as there was no consent to process the personal data comprised by the personal email address. As the affected data subject I require you to:
- 1.Confirm whether you are registered as a data controller under the Data Protection Act 1998, and if so, explain how this activity complies with your registration.
- 2.Cease any processing or sale of my data for all purposes, including direct marketing.
- 3.Provide a copy of all data you hold which relates to me.
- 4.Erase any personal data you hold about me.
- 5.Detail any reasons you believe that you have not breached section 22 of PECR.
- 6.Detail any reasons you believe that you have not breached the Data Protection Act.
- 7.Confirm to me in writing where you obtained the data from and on what terms.
- 8.Provide me with a complete list of companies, individuals, etc, that you have shared my data with and on what terms.
- 9. Provide me with undertakings and assurances with regards to steps you are taking to cleanse all your data for future use and your future conduct.
- 10. Offer a suitable level of compensation for your actions in breaching the law to date.
I put you on notice that I may seek compensation for the unlawful collection, and processing of my data under the Data Protection Act 1998, and PECR. I may also file a complaint with the Information Commissioner's Office.
If you do not respond within 21 days of the date of this letter, with suitable response, undertakings of future conduct and agree a suitable settlement I reserve the right to start legal proceedings in [insert court name] Court for damages.
Push them hard.Be reasonable but do not give away your rights, if they are willing to settle take them seriously. You can go back and forth with letters as much as they are willing to. The more it looks like you have been reasonable the better for your case in court.
An example letter before action.Dear Sir/Madam,
Spam by [insert company name]Thank you for your reply received on [insert date]. I note you have not undertaken to carry out all my requirements in my letter of [insert date] or explained your apparent breach of the law to my satisfaction.
From your reply you are clearly unwilling to use the opportunity I gave to deal with this dispute. I now intend to claim damages of an amount up to £750 from you under PECR and the Data Protection Act for:
- 1.Lost time in dealing with your unsolicited commercial emails.
- 2.Costs of dealing with anti-spam measures.
- 3.Breach of the data protection principles by, without consent, processing personal data comprising personal email addresses.
- 4.Breach of your statutory duty under Section 17 of the Data Protection Act.
- 5.Distress in relation to the above damages under Section 13.2 of the Data Protection Act.
In accordance with my rights under the Data Protection Act I require you to cease processing and destroy any personal data (including email addresses) held on myself and confirm you have done so.I also require you to undertake, in writing, that neither you nor any of your connected or controlled companies will send any form of unsolicited commercial email again.
I put you on notice that I may proceed with action in [insert court name] Court unless you settle my claim in a reasonable manner within seven days.Yours faithfully,
Small Claims Forms.
Example wording for your small claims form in Scotland.
On a Scottish small claims form you are taking action for "Payment of money".An example claim might be:
The Pursuer seeks damges in terms of the Data Protection Act, and Privacy and Electronic Communications (EC Directive) regulations 2003 and claims from the defender the sum of £750 with interest at the rate of 8% annually from the date of service (together with expenses of bringing the action).The details of the claim on the form might be:
The parties are designed on page 1 of this form. The defender is a company incorporated under the Companies Acts and having a place of business at the address shown in paragraph 3 of page 1 of this form. The pursuer seeks damages for a delict committed by the defender, namely the wrongful sending of unsolicited commercial email. The loss and damage caused by the defender was suffered by the pursuer in [insert place]. This Court accordingly has jurisdiction.On or before the [insert date] the defender unlawfully processed the pursuer's personal data, comprising private email addresses in contravention of section 17 of the Data Protection Act 1998 and the Data Protection Principles. The pursuer requested undertakings to comply with the said Act and make good damage done, the defender has failed to do so. The pursuer seeks a court order for the defender to pay damages for the unlawful processing to date in accordance with the said Act including section 13(2).
The processing of the personal data resulted in the defender sending the pursuer unsolicited commercial email received on the [insert date] in contravention of regulation 22 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003). The pursuer sustained loss and damage by virtue of the receipt of the said unsolicited commercial email. The pursuer requested undertakings to comply with the said Regulations and make good damage done, the defender has failed to do so. The pursuer seeks a court order for the defender to pay damages in accordance with the said Regulations.Please note, the resources on this page are provided openly and free as examples and are based upon what was used in a successful case. They should be altered as appropriate for your case.