Carphone Warehouse and Unsolicited SMS

flywheel

Hi, while away I got two SMS messages from the Carphone Warehouse with an 'offer' of trading in a phone I purchased from them last year for a new model.

Not having given them permission to conatct me in the future I was a bit miffed with the first message, then when the second one arrived I was a bit more miffed as I'm going to have to pay SMS roaming rates to receive their unsolicited SMS messages.

The text message From field (on the MS Smartphone) just reads CPWDirect with no number behind it. So not sure where it was sent from. But can Regtel sort them out, or should I be looking elsewhere to deal with it?

Thanks,
BrianG.

BigEejit

Yeah ... I got one of those as well, I HATE unsolicited messages on any medium ... but on my phone the worst

kevinmcc

Carphone Warehouse have their Irish site back up again.
It's http://www.carphonewarehouse.ie

flywheel

thanks but i was looking for an official body to direct my query too...

also, just came across this on The Register:
Carphone Warehouse warned over SMS spam (in the UK)

BrianG

Our man in Havana

Originally posted by DubWireless
thanks but i was looking for an official body to direct my query too...

The Data Protection Commisioner is the place to go.
Visit http://www.dataprivacy.ie

LFCFan

Originally posted by kevinmcc
Carphone Warehouse have their Irish site back up again.
It's http://www.carphonewarehouse.ie

They're website is sh1te. No information other than the usual crap like 'from' €99.

Also, on the Special Offer page the Title is 'Ofertas Especiales'.

BrianD

RegTel have no jurisdiction in this area as it not a premium rate SMS.

You do need to check any forms that you have filled in for CPW.

As a customer they do have a right to contact you. Remember unless you expressly say "do not contact me" they may still contact you. Passive permission I think they call it.

They must allow you opt out of these campaigns and have a mechanism to do.

Note that the UK case linked above refers to CPW using an external list and not their customer list. Many of these people would have had no previous relationship with CPW so the mesage would have been irrelevant, out of context and quite simply, spam.

You need to address your complaint to Car phone warehouse.


If you get no joy yoy can take it up with the Data Commissioner.

jesus_thats_gre

Originally posted by DubWireless
I was a bit more miffed as I'm going to have to pay SMS roaming rates to receive their unsolicited SMS messages.

Dont mean to be smart, but how are you going to be charged for receiving an sms while roaming. I understand u being bummed over the SPAM though.

flywheel

Originally posted by BrianD
RegTel have no jurisdiction in this area as it not a premium rate SMS.

You do need to check any forms that you have filled in for CPW.

yeah - had a read of the regtel site in the mean time and out of their scope alright

thing is i never filled out any forms or signed anything (paid in cash for the phone) - so a bit miffed as there was no opportunity to check any opt out box - maybe the sales person was probably supposed to ask but didn't (less miffed as it would have been a mistake) or maybe they just are told not to ask (more miffed as it is a company policy)

BrianG

flywheel

Originally posted by jesus_thats_gre
Dont mean to be smart, but how are you going to be charged for receiving an sms while roaming. I understand u being bummed over the SPAM though.

no worries - the last time i was over there when the bill arrived i called Voda support to check some charges and the person said some were due to receiving sms messages - i had thought incoming sms weren't levied while roaming (i know the outgoing ones are)...

jesus_thats_gre

To be honest thats the biggest loads of toss ever... I would suggest giving them a shout back and bringing there attention to it.. If you end up talking to someone who obviously dont have a clue, ask her to transfer you through to tech support and they will be able to talk on a level with you.

flywheel

thanks for the info - after the conversation i just took it as some particular US roaming agreement they had (every other roaming i'd done on a Voda a/c was with a Voda partner)...

a bit less miffed now thanks - but still annoyed at Carphone Warehouse for disturbing me with Spam SMS :mad:

BrianG

BrianD

Technically speaking it is not spam. It is a supplier contacting you as a customer. You say you paid cash for the phone and I am surprised that they did not take some contact details from you (they would have course noted the mobile number).

They should ask you to optin/out of future contact. Because you did not expressly state that you did not wish to receive mailings then passive permission exists. They can send you messages until you opt out. Was there an opt out facility in the message?

There are plenty of grey areas in the DPA. SMS is a highly responsive medium when it is permission based but companies such stick to a code of best practice (and of course the requirements of the DPA).

BrianD

Technically speaking it is not spam. It is a supplier contacting you as a customer. You say you paid cash for the phone and I am surprised that they did not take some contact details from you (they would have course noted the mobile number).

They should ask you to optin/out of future contact. Because you did not expressly state that you did not wish to receive mailings then passive permission exists. They can send you messages until you opt out. Was there an opt out facility in the message?

There are plenty of grey areas in the DPA. SMS is a highly responsive medium when it is permission based but companies such stick to a code of best practice (and of course the requirements of the DPA).

Our man in Havana

Your last post is certainly spam

jesus_thats_gre

Genius, always better when your not on the end of this baby.

flywheel

Originally posted by BrianD
Technically speaking it is not spam.

ok well i didn't solicit any offer for a new handset from them, so to me it was unsolicited contact and that's what i call spam (technical not not )

Originally posted by BrianD
It is a supplier contacting you as a customer. You say you paid cash for the phone and I am surprised that they did not take some contact details from you (they would have course noted the mobile number).

they took my contact details - but i didn't fill out any forms which (i expect/hope) would have given me an option box to tick to "opt out"

Originally posted by BrianD
They should ask you to optin/out of future contact. Because you did not expressly state that you did not wish to receive mailings then passive permission exists. They can send you messages until you opt out. Was there an opt out facility in the message?

absolutely - you've nail on the head as to where i'm coming from - they should have asked - but they didn't - and there was no opt out facility on the SMS message

BrianG

RockyTwoArms

It is SPAM, people do not have a contract with or even through carphonewarehouse. Thys are they ongoing customers if they make a one off purchase?
FYI;
It is an offence under regulation 13(13) of S.I. 336 of 2011, to send an unsolicited marketing communication to an individual, who is not a customer, by SMS or e-mail or an unsolicited marketing communication to any individual by fax or automated calling machine unless prior consent of the individual has been obtained.

I have opted out previousl but now I'm getting SMS again.

There is an option to ring a 1800 number at a charge to me to opt out.
As usual regulation of this sector is a joke, what hapened o texting "stop" in reply to this kind of crap?
If these message incur a charge (ie. if I'm roaming and charged to recieve them) can this be charged back to the company that are sending it to me?

The Corinthian

Please do not raise long-dead threads from the grave. Closed.