MoneySuperMarket: Spam emails to seven million customers cost comparison portal dearly
The British comparison portal MoneySuperMarket has been fined £80,000 (around €89,000) for illegally sending emails to 7.1 million customers.
Since starting to use the service, those affected have chosen the option not to receive direct marketing emails.
In emails sent, MoneySuperMarket called for people to reconsider this choice.
Violation of the law
“In Germany, consent is usually required for email advertising and newsletters. The company does not require consent only after a purchase or service has been made and a notice of objection has been given. If consent has been revoked or further advertising is objected to, this must be refrained from. Anyone who nevertheless sends such emails is processing data illegally and is therefore violating competition law, which can have legal consequences."
says Philipp Kramer, lawyer and chairman of the Hamburg Data Protection Society , in an interview with pressetext.
The UK Data Protection Authority has investigated MoneySuperMarket's unlawful conduct.
Result: Between November 30 and December 10, 2016, the company sent emails to non-consenting customers.
“We have your email address, which means we could send you personal news, products and advertisements. You have told us in the past that you do not want to receive these. If you would like to reconsider this decision, click the following link to receive emails,”
it was said.
“Contacting customers without consent is unlawful. The data protection regulations for this area are also strictly regulated in Austria. Such an indiscriminate broadcast can sometimes cause severe financial damage to a company, as the amount of the fine can increase per broadcast,”
Roman Umwege from the Austrian Consumer Protection Association to press text.
The customer's decision applies
According to the data protection authority, MoneySuperMarket violated applicable law.
Division Manager Steve Eckersley:
“Companies can evade the law through direct marketing emails disguised as updates. If people reject direct marketing, companies must stop sending them out and not ask again until a customer agrees. Companies don’t get a chance to have customers change their minds.”
“From the customer’s perspective, another opt-out might have some benefit. That depends on whether the laws are being deliberately violated. Consumer advice centers also take care of something like this and issue warnings,”
adds Kramer. According to circumstance, customers should contact consumer protection directly or, if possible, the company itself.
Even then the company must refrain from direct marketing.
Emails sent under the guise of customer service to obtain consent for direct marketing constitute a circumvention of the rules and will not be tolerated.
According to Eckersley, this approach is unacceptable. We will continue to take action against such companies.
Morrisons supermarket chain also recently experienced this. The company was fined £10,500 for sending emails to 200,000 non-consenting customers.
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