Anyway, somehow I have been added to this mailing list for dance classes. I started receiving emails about three months ago and on average I get three a week. On occasion I have had two a day. There is no method to unsubscribe from the emails. Having got bored with receiving the emails I decided to respond to an email by asking to be removed from the mailing list. I did this on two occasions a week apart. I didn't receive a reply. The other day another email pinged into my email inbox and I decided I needed to take direct action so I rang the telephone number shown. It went to an answerphone giving me details of the classes available (Was there no escape?).
I decided I would call back again later. Just after I put the phone down, a text came in - guess what - it was a text to tell me about dance classes from the number I had just called. I was furious. I rang the number again, this time it was answered. I explained that I was very angry that I was receiving these emails and to receive a text was just too much - I had not given her permission to send me marketing by text message. The response - "Well people call me all the time wanting to know the times of dance classes so I don't answer the phone and send them a text" - really, you don't think that sending emails and the answer phone message giving information about dance classes is enough, you decide to send spam texts as well. "Nobody else has complained" (that old chestnut).
I asked about the previous emails asking to be unsubscribed and she told me she hadn't received them. I asked her to remove me from her mailing list, so I gave her my email address and she searched, only to tell me it wasn't there. I said it must be, you are sending me three emails a week on average. "Oh no that isn't possible as that would mean you were on three lists". She rechecks and finds I am on her database and on three lists (big surprise!). She said she had been hacked about a month ago and the hacker must have put me on the lists (so a hacker breaks into her email account and adds my name to three of her mailing lists so she can send me emails about dance classes, what a helpful hacker!). She tells me she cannot delete me from her database, "it won't let me". I reinforce the fact I wish to be removed from the mailing lists and how she does it is not my problem, I say goodbye and hang up. A little while later another email comes in from her to tell me she has removed me from her mailing lists but she had to remove 10 other people to be able to do it.
What did I learn?- the dance class provider is not registered with the ICO - potentially a £5k fine and criminal record from not being registered.
- the emails she is sending breach PECR (Privacy and Electronic Communication Regulations) by not having a means to easily unsubscribe.
- Failing to remove me from her mailing list on the two previous occasions is another PECR breach.
- Sending me an unsolicited marketing text is a data protection breach - The ICO has recently fined a company £200k for unsolicited marketing texts.
- the most important thing to her was using the personal information she had gathered to further the spread of her message and the need for security and professionalism that comes from having a client list was lost on her.
If I was advising her, what should she be doing?
- Register with the ICO - a £35 annual fee
- Use a proper mailing package such as mailchimp, madmimi, constant contact etc so that she can properly manage her mailing list and those people who are desperate to unsubscribe can do so without the hassle I had.
- a proper mailing package would also be less likely to be hacked, providing she has a decent security password.
- Stop sending texts to people automatically, she is potentially raising the risk of the ICO investigating her. To be able to send marketing texts you have to have the specific permission of the individual.
- Think about the security of the information she is holding. Would she be happy with her personal information being dealt with in this way?
This is the worst case of failing to find out the requirements for running a business with a marketing list that I have come across in a while, that is unless you know better. Let me know.
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