The Foundry night club, Carlow text issue

hare05

The Foundry, Carlow has signed me up to their text mailing lists. There is no unsubscription info and the sender number is obscured (Web mail?).

This is very much an illegal practice and I'm wondering what the quickest way to fix it would be?

Pablo Sanchez

How did they get your number?

hare05

I got a discount card, and made sure to opt out on the form. Guess this is my punishment for trusting them to bother with legal requirements.

cookie1977

What network are you with?

hare05

3, unfortunately. The only ones who dont have a spam report mechanism.

Not that they work against obfuscated sources anyway.

cookie1977

Email/call them first and ask them to stop. If they dont I'd contact either the dpc:
www.dpc.ie
or
www.phonesmart.ie

The dpc because of privacy issues and phonesmart because essentially it's communications spam. The DPC would be my first stop after the foundry.

RangeR

hare05 wrote: »

The Foundry, Carlow has signed me up to their text mailing lists. There is no unsubscription info and the sender number is obscured (Web mail?).

This is very much an illegal practice and I'm wondering what the quickest way to fix it would be?

Sometimes companies make mistakes. When you are entering in thousands of email addresses / mobile numbers, you sometimes forget to check that little opt out tick box. I've done it and will unfortunately do it again. It's not done purposely, it's just an accident. The difference being, when it's brought to my attention, I sincerely apologise then rectify the matter.

I also know some other companies who just don't care and add every email addy or mobile number regardless.

Give The Foundry a chance to rectify it. Polite and courteous is key,

RedXIV

Try texting "Stop" back to the number, that generally works with all spam?

Jev/N

RedXIV wrote: »

Try texting "Stop" back to the number, that generally works with all spam?

It doesnt where you sent via some mass web-text services as you cant reply at all

hare05

Jev/N wrote: »

It doesnt where you sent via some mass web-text services as you cant reply at all

Exactly. Regardless of whether they added me accidentally, it's illegal to send messages without an opt out provided in EVERY communication. They provide no clear way to opt out, and conceal the sending address so as not to be identified.

It's illegal.

Pablo Sanchez

hare05 wrote: »

Exactly. Regardless of whether they added me accidentally, it's illegal to send messages without an opt out provided in EVERY communication. They provide no clear way to opt out, and conceal the sending address so as not to be identified.

It's illegal.

I think it might not be a bad idea for you to relax a bit. Its not the end of the world.

booboo88

hare05 wrote: »

Exactly. Regardless of whether they added me accidentally, it's illegal to send messages without an opt out provided in EVERY communication. They provide no clear way to opt out, and conceal the sending address so as not to be identified.

It's illegal.

Are they charging for each text?

Miaireland

It has happened to me a few times. A quick phone call or email will sort it.

BrianD

booboo88 wrote: »

Are they charging for each text?

Unlikely if it's a marketing message and it would have to come from a shortcode to charge for it.

booboo88

BrianD wrote: »

Unlikely if it's a marketing message and it would have to come from a shortcode to charge for it.

If thats the case, whats the issue?

RangeR

booboo88 wrote: »

If thats the case, whats the issue?

The issue is one of Data Protection. The OP declared that they did NOT want to be included in any marketing. However, the establishment didn't abide by that request.

Again, it's probably just a simple mistake. Contacting the establishment should clear it up.

hare05

RangeR wrote: »

The issue is one of Data Protection. The OP declared that they did NOT want to be included in any marketing. However, the establishment didn't abide by that request.

Again, it's probably just a simple mistake. Contacting the establishment should clear it up.

This AND their text ads do not include any way to unsubscribe and intentionally hide the return address.

Imagine being sent spam direct to your phone inbox that you don't want, that arrives at annoying hours and sets your phone off, that in every way is designed to prevent you from sending back a complaint or to unsubscribe.

THAT is the problem.

booboo88

change your number, problem solved. or go back into the shop. I get random text from a beauty salon i went to once and never again, but of course stream loads of texts on their "offers" change the number and voila, txt are bye bye

dudara

booboo88 - Changing your number may not be a viable option, nor should it be an option you have consider. The company sending the text messages is breaking several regulations and should be bought to account for their actions.

OP - I had a similar problem with another nightclub. I knew the messages were unsolicited as they were being sent to the SIM card in my mobile boradband dongle (and even I didn't know the number of that).

I contacted the Data Protection Commissioner who requested details of all the text messages I'd received. The email was as follows

I refer to your email to this Office concerning unsolicited text messages
you are receiving.

If you have received an unsolicited text message (a text for the purpose of direct marketing shall not be sent to an individual unless that individual
recipient has given prior consent to the receipt of such communications),
please provide the following information (to "info@dataprotection.ie")
where possible::

- Your mobile number
- confirmation of whether phone is a private or business phone
- A copy of the text messages you received if possible, exactly as they
appeared on your phone
- Date(s) & time(s) you received the message(s)
- Details (if applicable) of the 5 digit short code contained in the
message
- Details of the number from which the message was sent

If you have any queries on the above questions please contact this Office
on 1850 252231 or 057 8684800. Alternatively please view our FAQs at the
following link:
"http://www.dataprotection.ie/documents/faq/FAQ.pdf"

If you have subscribed to a premium rate subscription service, please
follow the following guidelines issued by REGTEL, who are the regulator of
premium rate telecommunications services:

“To unsubscribe from a premium rate subscription service, reply to the
message you received by texting back the word STOP. You may have signed up for a recurring service but no longer need it. Or by entering a text message based competition, you may have agreed to subscribe to a service. The stop message will disconnect you within 48 hours, often sooner.”

More information about premium rate services is available on their website
www.regtel.ie or by phoning 1850 741741.

Refunds on any monies taken can be dealt with by the Premium Rate
Subscription Provider who sent you the text, this office has no powers
regarding refunds. You can obtain details of the provider by logging onto
REGTEL’s website and keying in the 5 digit code at the end of the text.

Regards
Mr. Official Person


Office of the Data Protection Commissioner
Canal House
Station Road
Portarlington
Co. Laois

Ph: 057 868 4800
E: info@dataprotection.ie
www.dataprotection.ie

In the end, I did stop receiving messages

Further to your complaint to this Office regarding the text messages you were receiving from XXX, this Office has been in touch with
XXX and received a response. They have advised that your number
is now removed from their database. They had obtained your number from
their membership list which is derived from a form filled out on site by
customers.

They have also advised that all future text been sent out will have include
an opt-out instruction.

Since this is the first time that this company has come to our attention we
would not propose to prosecute them at this time for the messages sent to your phone. However we reserve the right to reopen this case should any further complaints be rXXX. If this happens we may need to
revert to you at that stage for your assistance. XXX will also be
informed of this.

The Commissioner would like to take this opportunity to thank you for
bringing this matter to his attention. Should you require any further
information/assistance please contact me.

BrianD

There is a very simple solution to this. Contact the nightclub and asked to be removed.

TBH if the poster is receiving texts from a number of night clubs then he/she must be giving them their number for some reason or other.

Perhaps the nightclub(s) have a sloppy policy in relation to outbound marketing. Perhaps the poster inadvertantly opted in to receive messages or didn't opt out.

I doubt if any nightclub would be paying money to spam mobile broadband dongles.

You can waste your time talking about it or just contact them and unsubscribe.

Here you go:

::The Foundry Nightclub, Tullow St, Carlow ::
Tel. +353 (059) 91 33 111 :: e-mail info@dinnri.com

However, what I have noticed about the Foundry is something that is very bad practice. You can sign up for text alerts with out any form of registration. Check out the form at the bottom of the main page. I can enter anyones details there.

hare05

Got word back from the management, I mentioned contacting DPC. The usual non-committal answers (mistakes may have been made, etc, etc) and they said they'd remove my number. I told them to ensure an unsubscribe option was added to their next communication and I would unsub then, otherwise I would contact DPC. Hopefully I can fix this for everyone annoyed by these texts.

hare05

Opt out now available. No shortcode so it looks like it's being done manually. No confirmation of opt out, but we'll see in the next week or so if it has worked.