Hi Laura > Again, were you approaching this as an individual or was your lawyer > involved?
There is no need to involve a lawyer. You don't need one. You contact the sender and request the proof of opt-in. If he does not comply, you file a complaint with the SECO (or you could try to fill one with the police). For this you need the identity of the sender first. So if you try to file a complaint without knowing the identity of the sender, the police will tell you to first make use of the applicable laws and to contact the ISP of the sender to provide the identity of the sender. In most cases, the issue can be resolved quite fast when the recipient contacts the sender. Either the sender can provide a proof of opt-in or previous business relationship, and everything is fine. (In Switzerland it is unfortunately possible to buy customers data from bankrupt companies during the insolvency process, so the 'past business' could be with a company who has nothing directly to do with the sender, but from which the sender bought this data) Or the sender provides a proof which can be rebutted by the recipient. Mostly the issue is then settled when the sender apologizes and provides more information where he got the information from. Or if the sender then himself takes legal actions against the company or person who provided the data. -Benoît Panizzon- -- I m p r o W a r e A G - Leiter Commerce Kunden ______________________________________________________ Zurlindenstrasse 29 Tel +41 61 826 93 00 CH-4133 Pratteln Fax +41 61 826 93 01 Schweiz Web http://www.imp.ch ______________________________________________________ _______________________________________________ mailop mailing list [email protected] https://chilli.nosignal.org/cgi-bin/mailman/listinfo/mailop
