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BDFL
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Topic # 90093 14-Sep-2011 15:06 Send private message

Just received:


The Department of Internal Affairs’ Anti-Spam Compliance Unit is taking further High Court action against an alleged spammer, seeking financial penalties of $200,000 against the company principal and $500,000 against his company.

This is the Department’s third statement of claim against, Image Marketing Group (IMG) and the company’s director, Brendan Battles, after two were filed in the Auckland High Court Registry in February.

The Australian Communications and Media Authority recently issued a formal warning to IMG for breaching Australia’s anti-spam laws.

Internal Affairs’ latest statement of claim follows IMG’s marketing of a database of some 50,000 email addresses through an unsolicited electronic message. A businessman purchased the database and used it to market his goods and services with commercial emails, receiving over 400 complaints as a result. The Department’s anti-spam compliance unit also received a flurry of complaints.

The Department alleges in the statement of claim that the purchaser of the IMG database received assurances that it complied with the Unsolicited Electronic Messages Act 2007 and that the holders of the email addresses contained in the database had consented to receiving commercial electronic messages. The purchaser was also informed that, provided any commercial electronic messages sent to the email addresses in the database contained an unsubscribe facility, they would comply with the Act.

Senior Investigator, Mr Toni Demetriou, says the sale of databases in New Zealand by Image Marketing Group continues to cause problems for purchasers who use them to send commercial electronic messages. The Department warned in June 2010 against purchasing databases and are still investigating businesses that bought and used IMG databases.

“Some of the businesses we have investigated have been fined for breaching the Act,” Mr Demetriou said. “There is a misconception and a misrepresentation made that, under the Unsolicited Electronic Messages Act, an individual or organisation can send business-to-business commercial electronic messages. This is not so. You need to have appropriate consent before sending any commercial electronic messages, and, if deemed consent is being relied upon, then the messages that are sent must be relevant to the business, role, functions or duties of the recipient in a business or official capacity.”

In its latest High Court action the Department is seeking penalties of $500,000 against the company Image Marketing Group and $200,000 against Brendan Battles the company director. The Department has also applied to the High Court for an injunction under Section 42 of the Act prohibiting Brendan Battles from sending commercial electronic messages ending with “.nz” without obtaining prior consent and also from selling in New Zealand databases with electronic addresses, the holders of which have not consented to receiving commercial electronic messages.
 




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  Reply # 520997 14-Sep-2011 15:17 Send private message

Does 'electronic messages' include twitter/facebook DMs. This law is a bit of a moving target as the technology changes.

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  Reply # 521035 14-Sep-2011 16:30 Send private message

Brendan might stopping sending me spam every day to a lot of my email address.

Last group of emails from him (that I got) was sent about 4 hours ago. I wonder when his injunction will start?

I've complained to the DIA quite a number of times including the last company who used a bought list from Brendan about a month ago. This company didn't stop sending spam even after I told them what they where doing was illegal and for them to contact the DIA regarding it.




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  Reply # 521040 14-Sep-2011 16:37 Send private message

LennonNZ: This company didn't stop sending spam even after I told them what they where doing was illegal and for them to contact the DIA regarding it.



Some companies still think "emails cause no harm", so they don't believe when you tell them it's illegal. Some other companies are just run by idiots and won't comply with the law, regardless.

 




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  Reply # 521078 14-Sep-2011 17:18 Send private message

freitasm:
LennonNZ: This company didn't stop sending spam even after I told them what they where doing was illegal and for them to contact the DIA regarding it.



Some companies still think "emails cause no harm", so they don't believe when you tell them it's illegal. Some other companies are just run by idiots and won't comply with the law, regardless.

 



When I complained about the spam the unnamed company sent the response was...

"Our company purchased a database from a Marketing company and we were under the understanding that the list we received, we could email our offer to.

The company we purchased from was, Image Marketing Group Ltd, the contact I have is Brendan Battles, email address:  [email protected]  "

 

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  Reply # 521132 14-Sep-2011 18:50 Send private message

LennonNZ:
freitasm:
LennonNZ: This company didn't stop sending spam even after I told them what they where doing was illegal and for them to contact the DIA regarding it.



Some companies still think "emails cause no harm", so they don't believe when you tell them it's illegal. Some other companies are just run by idiots and won't comply with the law, regardless.

 



When I complained about the spam the unnamed company sent the response was...

"Our company purchased a database from a Marketing company and we were under the understanding that the list we received, we could email our offer to.

The company we purchased from was, Image Marketing Group Ltd, the contact I have is Brendan Battles, email address:  [email protected]  "

 


I personally think you should name and shame the company. Anybody knowingly breaking the anti spam laws and pleading ignorance IMHO deserves to be made public so we know not to deal with them.


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  Reply # 521177 14-Sep-2011 20:42 Send private message

sbiddle:
LennonNZ:
freitasm:
LennonNZ: This company didn't stop sending spam even after I told them what they where doing was illegal and for them to contact the DIA regarding it.



Some companies still think "emails cause no harm", so they don't believe when you tell them it's illegal. Some other companies are just run by idiots and won't comply with the law, regardless.

 



When I complained about the spam the unnamed company sent the response was...

"Our company purchased a database from a Marketing company and we were under the understanding that the list we received, we could email our offer to.

The company we purchased from was, Image Marketing Group Ltd, the contact I have is Brendan Battles, email address:  [email protected]  "

 


I personally think you should name and shame the company. Anybody knowingly breaking the anti spam laws and pleading ignorance IMHO deserves to be made public so we know not to deal with them.



I presume you'll see it on the anti spam website soon enough.

http://www.dia.govt.nz/diawebsite.nsf/wpg_URL/Services-Anti-Spam-Enforcement-Action?OpenDocument#2011

No reason to name and shame on here.. I am 100% they learnt :-)

They did basically the same as
Enforceable Undertaking for Dolche Design Limited  (which is public)

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  Reply # 521245 15-Sep-2011 00:14 Send private message

The twat had the nerve to send me a PM on Geekzone a while back after I complained to DIA and bad mouthed him.

I still stand by my comments

John




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  Reply # 521266 15-Sep-2011 08:03

Had no idea spam was still being sent from any othe countries besides Nigeria or Laos*. how can someone in a country with these laws be so arrogant?!

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  Reply # 521267 15-Sep-2011 08:14 Send private message

SteveON: Had no idea spam was still being sent from any othe countries besides Nigeria or Laos*. how can someone in a country with these laws be so arrogant?!


Or stupid




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  Reply # 524282 21-Sep-2011 20:39 Send private message

Either there is no injunction yet if he can send Spams to .NZ domains or he is ignoring it as he thinks he has nothing to worry about as he is not in NZ as he's not sending from New Zealand

Just got sent lots and lots of spam from Image Marketing again tonight.

Reading the Law below as he has a NZ Phone number he is (I'm not a lawyer) he might be able to be charged under New Zealand Law. 

Application of Act outside New Zealand
  • (1) This Act extends to the engaging in conduct outside New Zealand by a relevant person to the extent that that conduct results in a civil liability event occurring.
    (2) In this section, relevant person means—
    • (a) an individual who is a resident of New Zealand; or
    • (b) an organisation that carries on business or activities in New Zealand.
       
       
       


 

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