A reader who is still receiving spam emails from companies that he no longer deals with asks for advice about how and if he can stop the emails being sent
I receive spam emails from sources that I have ceased to deal with. These are legitimate businesses but, even though I have opted out, they keep sending me emails.
Recently I received an email providing a password to a utilities internet account in my name. I closed that account six months ago and never requested a password.
Barry Woodward
Mr Woodward wanted to know if it was illegal to send these emails once he had stopped his dealings with a company. It depends on how long he has had a relationship or account with a company, and if he has opted out.
The UK law dealing with unsolicited emails is the Privacy and Electronic Communications Regulations. This law, introduced in 2003, uses the ‘opt-in’ principle. This means that, unless you specifically tick a box to agree to receive future emails from a company – that is you opt in – it is illegal to send these to you.
However, the law does allow companies you have had relationships with in the past to email you as long as they adhere to certain conditions. These emails can only be sent if your email address was collected in the course of a sale, negotiations for a sale, or if the promotional messages relate to a company’s similar products and services.
When an email address is collected this way, the consumer has to be made aware of this and given the opportunity to opt out at the time.
Initially, this relaxation of the law was introduced so that companies would not be in breach of the law if a consumer dealt with them before the regulations came into force.
Mr Woodward needs to make sure that, after dealing with a company, he has not inadvertently opted-in – either personally or by default. It is illegal for a company to have the opt-in box ticked by default, but it does happen.
He can opt out at any time he chooses, no matter how long he has received emails from a company. He should contact the companies telling them to cease immediately.
If they continue to ignore his requests, he should report them to the Information Commissioner’s Office. Of course, this law is of no use if the emails are spammers and not legitimate companies.
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