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case 1: Inundated with offers despite having unsubscribed [Cape Times (South Africa)](Cape Times (South Africa) Via Acquire Media NewsEdge) Tharina Whittaker wrote to |Consumer Watch earlier this month, incensed at being "inundated" with e-mails from HomeChoice, which claims to be "the leading direct marketing homeware retailer in Southern Africa". "Each time I receive an e-mail, I add it to my spam list in the hopes that I will be saved from the endless offers in which I'm not interested. It seems that they use a variety of e-mail addresses, since I keep getting spam from new e-mails. "I have unsubscribed four times from their mailing list and yet I continue to receive their spam. Yesterday, my blood boiled when I received two e-mails from them. I called their call centre, and to say the staff were unhelpful is an understatement. "I have never given permission to HomeChoice to spam me. I am scrupulous about marking the box that says 'NO' to giving my contact information to third parties. So, who is taking my personal information and selling it on like I am a commodity? "In my discussion with one of their operators, I was told that HomeChoice buys its contact lists from companies, including 'the credit bureau. Surely this is illegal?" (see sidebar) Strangely enough, I got my first unsolicited e-mail from HomeChoice about the same time, despite having my name on the DMASA's Opt Out list. And when I hit the "unsubscribe" button in that e-mail, I got an error message, which didn't go down well. I confronted service manager Connie de Beer with a host of questions. The error message I got was an, um, error, he said. I have indeed been unsubscribed. And where does HomeChoice obtain its database or "hit list"? From customers who have purchased and then referred friends, De Beer said. In my case, someone called "Emgard" - no surname or first name supplied - had referred me. I know no one of that name, and a search of my massive e-mail boxes drew a blank. But what about the fact that my name appears on the DMASA's Opt Out registry? Ah, said De Beer, a referral trumps that. I was gobsmacked. I checked with the DMASA's chief operating officer Alastair Tempest. "I don't think HomeChoice is right about that," he said. "If you'd been referred by someone, they should have checked that your name wasn't on the Opt Out list before sending you that marketing e-mail. Referral is a big issue. In some countries, such as Spain, it is illegal." In this country, the CPA states only that companies can't make a "rebate, commission or other benefit" conditional upon the person giving up names and contact details of friends and family. So don't pass on your friends' names without their permission. And if you've registered your name on the Opt Out list and you get spammed anyway, lodge a complaint with the DMASA. www.dmasa.org. Cape Times (c) 2014 Independent Newspapers (Pty) Limited. All rights strictly reserved. Provided by SyndiGate Media Inc. (Syndigate.info). |