Volume I

Issue : 6: September 18, 2003

• Three Privacy Studies Recently Released
• Florida Supreme Court Rules State Employees Are Not Required to Disclose Emails
• Over 27 Million Victims of Identity Theft In The Last Five Years
• CIRA s New Policies and Amendments Effective as of September 25 2003
• UKs Advertising Standard Authority Issues First Spam Decision
• Delivery of Pop up Ads Found to be Legal
• Harvard Publishes UDRP Guide
• U.S. Court of Appeals Upholds City Refusal to Include Link To Publication Critical of City Officials
• U.S. Recording Industry Takes Action Against Individual Users and Announces Amnesty
• U.S. Justice Department Files Injunction to Shut Down RxDepot
• First Case Under Amber Alert Legislation
• Ontario To Use Software to Meet Privacy and Access to Information Laws
• Alberta Court of Appeal Upholds Acquittal of Spammer
• FDA Warns Website Selling Canadian Pharmaceuticals

Home > Volume I > Issue 6: September 18, 2003 > UKs Advertising Standard Authority Issues First Spam Decision

UKs Advertising Standard Authority Issues First Spam Decision

UK's Advertising Standards Authority ("ASA") has issued its first public spam decision. This decision requires spammers to check for explicit consent before using a marketing list. The complaint stated that the email did not identify the email as an advertising or marketing email, and also, that the spamming company, The Training Guild, did not have explicit consent to send email to the complainant.

The ASA found that the subject line containing the phrase "Business Seminars - Telesales & Selling Skills Made Easy" was sufficient to identify the email as a marketing email. However, the ASA found that while The Training Guild had purchased an email list of people who had agreed to receive advertisement about training and business development topics, it did not have explicit consent from the complainant.

On a related topic, a Washington State Court awarded Nigel Featherson $250,000.00 as a result of receiving 58,000 illegal emails. The award was based on Washington's anti-spam law which charges the sender $500.00 for each spam sent.

For a copy of the ASA finding, visit:

http://shorl.com/gistogrukomadri

For more information, visit:

http://www.out-law.com/php/page.php?page_id=firstukrulingunde1063203882

For more information on Nigel Featherson's case, visit:

http://www.internetnews.com/IAR/article.php/3075271