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Just sent this to some spammers - am happy to escalate if I need to


You appear to have just sent me an unsolicited SMS.

The Privacy and Electronic Communications are unambiguous when it comes to the criteria that must be met to send unsolicited communications by means of electronic mail (whose definition covers the use of SMS).

Specifically, section 22.3a states:

"that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;"

I do not believe that your organisation has obtained my details in the course of a sale or negotiations for such, since I have never purchased (nor sought to purchase) anything from your organisation.

I would therefore like to know how you came to be in possession of my mobile number (07xxxxxxxxx), and what processes you follow in order to ensure that you do not fall foul of the above legislation - after all, if you did not obtain my details in the above outlined way, then you "shall neither transmit, nor instigate the transmission of, unsolicited communications for the purposes of direct marketing".

I would be happy to raise this with the Information Commissioner if you don't feel you are able to adequately respond to my concerns.

Many thanks,