SPAM texts

[StoneLaughter]

I have this morning received a SPAM text from mobile number 07501 494685 which quotes the following:

YOU MAY NOW BE OVERDUE IN RECLAIMING YOUR BANK CHARGES. TO PROCESS YOUR CLAIM, CONTACT THE BANK CHARGE RECOVERY SERVICE ON 01792 470077. QUOTE REF CL22.

I am in the process of identifying the company concerned and will be reporting them to the Telephone Preference Service and to the Office of Fair Trading. The wording of this message is designed to alarm and worry people and I for one will not tolerate it.

[StoneLaughter]

Re: SPAM texts

http://claimmanagementuk.co.uk/about_us.html

Hahahaahah!!!!!

[Amethyst]

Re: SPAM texts

ahh well done. report the texts on Phone Call Comments
- just helps others be aware who it is Thats numbers not on there yet.

[EXC]

Re: SPAM texts

Well done Stone

[Tools]

Re: SPAM texts

Start here Stoney my friend

07501222295 - who calls me?

[edit] sorry didnt see you`d been successful

[Guest]

Re: SPAM texts

If you have never had any previous dealings with the company then the SMS messages are unsolicited commercial texts and were unlawfully sent and, in particular, they are contrary to s.22 of The Privacy and Electronic Communications (EC Directive) Regulations (SI2426/2003) and in addition, their actions breach your rights under the Data Protection Act 1998, as there was no consent to process the personal data comprised by the personal mobile number.

Unsolicited direct marketing is covered by the Telecommunications Data Protection Directive 97/66/EC, which is implemented in the UK by the Telecommunications (Data Protection and Privacy) Regulations 1999.

Although it has not been clear in the past whether SMS text messages are actually 'telephone calls' in the sense that has been traditionally understood, the Information Commissioner takes the view that SMS text messages should be regarded as telephone calls for the purposes of the Regulations - although they are not explicitly covered by the Telecommunications Data Protection Directive 97/66/EC.

Late last year I was plagued by numerous text messages from various companies, one of the most persistent of which was No Worries Loans. I sent them the following letter and within a week, received a letter confirming that my details had been suppressed in accordance with the Sixth Data Protection Principle in Schedule 1 Part 1 of the Data Protection Act 1998.

No Worries! Loans
Phones On Finance House
Burley Road
LEEDS
LS4 2PX

Dear Sir

Re: Unsolicited Text Messages – XXXXX XXXXXX

I believe that I have received enough junk text messages from your company and I require them to stop forthwith.

Kindly reply confirming that my telephone number has been removed from your system and that I have received the last communication of any kind from your company.

Since May of this year I have received numerous text messages, none of which contain any instructions as to how I may stop them, despite not being anywhere close to the 160 character limit imposed by SMS messaging. Furthermore, I am invited to call a 0871 number, from which doubtless your company derive a revenue share.

These SMS messages are unsolicited commercial texts and, since we have never had any dealings previously, were unlawfully sent.

In particular, they are contrary to s.22 of The Privacy and Electronic Communications (EC Directive) Regulations (SI2426/2003) and 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 mobile number.

As the affected data subject I require you to:

• 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.
• Confirm the immediate cessation of any processing of data under provision of the Data Protection Act 1998 for all purposes, including but not limited too direct marketing
• Provide a copy of all data you hold which relates to me
• Suppress all references to my name, mobile number and any and all other data your company holds on me and furthermore,
• Detail any reasons you believe that you have not breached s.22 of The Privacy and Electronic Communications (EC Directive) Regulations (SI2426/2003) and,
• Detail any reasons you believe that you have not breached the Data Protection Act 1998
• Confirm to me in writing where you obtained the data from and on what terms
• Provide me with a complete list of companies, individuals, etc, that you have shared my data with and on what terms
• Provide me with undertakings and assurances with regard to steps you are taking to cleanse all your data for future use and your future conduct
• Offer a suitable level of compensation for your actions in breaching the law to date

Given that there is no option to stop receiving the unlawfully sent text messages contained within the messages themselves, save for calling your company by dialling a national rate number, I consider this letter to be a Letter Before Action and I believe that I have discharged my obligation under the Civil Procedure Rules to pursue a settlement without recourse to litigation.

Therefore, 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 for breach of The Privacy and Electronic Communications (EC Directive) Regulations (SI2426/2003). I may also file a complaint with the Information Commissioner's Office.

I look forward to your response within fourteen days of the date of this letter.


Yours faithfully