UK Court Ruling Could Set Anti-Spam Precedent

by Robin Pilgrim, LawAndTax-News.com, London

30 December 2005

A legal victory secured by Channel Islands businessman, Nigel Roberts this week is expected to set a precedent for firms which send out unsolicited advertising e-mails.

Angered by an unsolicited marketing e-mail that he had received from Media Logistics UK, Mr Roberts wrote to the firm requesting damages under the auspices of the European Directive on Privacy and Telecommunications.

He additionally asked Media Logistics where it had obtained his information from, and reportedly learned that it had been contained on a CD-ROM purchased from a third party firm, with which Mr Roberts had had no dealings.

The businessman chose to pursue the matter throught the small claims court, and on Tuesday reached an out-of-court agreement with Media Logistics for GBP270 in damages and a GBP30 claim fee.

Speaking to The Guardian with regard to the case, Mr Roberts observed that:

"This case does provide a guideline when it comes to successfully claiming damages from spammers. It also shows that wherever they are they can be held responsible for sending spam to anyone living in a British Isles jurisdiction."

He added:

"This may be a tiny victory, but perhaps now spammers will begin to realise that people don't have to put up with their e-mail inboxes being filled with unwanted junk."

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