Club Mobile, you are spamming liars.. Not!

According to this page, Since 11 December 2003 it is unlawful to send an unsolicited SMS marketing message to an individual.

I’m an individual. I got a spam text from Club Mobile offering a phone upgrade. How did they get my number? “Similar to one we’d sold a phone to,” said the woman at customer service.

In other words, generated randomly by a computer.

“This is illegal,” I said to her, quoting the TPS site.
“No, if we have an opt-out, it isn’t,” she said. “Our lawyers have gone over it.”

I do believe I’ll call the TPS in the morning. This is just too annoying. Spamming *and* claiming it’s legal? Sanford Wallace should be alive now. Oh dammit, he is.

Update Weds 15:37: Called the TPS. Indeed, my mobile phone number is one there – registered July 7 2003. Asked them if it’s legal to text someone if you have an opt-out. No, they said: text spamming is illegal. . And can the TPS (an arm, it turns out of the Direct Marketing Association) take any action? Ah, no. That would be the Information Commissioner’s job. Righty-ho, off to the website.

Update Thurs 11 Nov: subsequently, have discovered that Club Mobile were absolutely right – even though I received text spam which came from them. They did take note of the TPS database. More explanation here.

5 Comments

  1. Good on you. My jfax is full of spam faxes–all of which have premium rate numbers for you to call back on. Perhaps something I’ll take to Icstis.

  2. Glad I came accross your web site, I got cold called from club mobile and thought the offer seemed to good to be true.They are suppose to be calling back, if they do I can tell them to get lost. Cheers Mark

  3. You are quite right I answered a spam text of theirs. I ended up with a phone that I did not want that was sold to me under false pretenses.

    The spam said that I could get a phone for 4.99 a month which was not ntrue as You had to take out a contract to pay 35 pounds a momth.

    These people must be stopped.

  4. I have also received an unsolicited text followed by an unsolicited call from Club Mobile. As a result, and thanks to you for providing their contact details, I have sent them the following e-mail. This should hopefully curtail their activities.

    Dear Sirs,

    I have recently received an unsolicited text message from your organisation in contravention of the TPS rules. This was followed by an unsolicited telephone call, again in breach of the TPS rules. The content of this call falsly implied that I had placed an order with you.

    Please be advised than any further contact by your organisation or any affiliated organisation will be subject to a fifty pound service charge per communication. Making any such communication will be deemed to be acceptance of this condition.

    Please also be advised that any unsolicited goods, services, etc. received from you will be held for collection at your expense for the minimum statutory period and then disposed of.

    Yours faithfully,

    Chris Isbell.

  5. I just got a spam call from them “… calling on behalf of orange. can you confirm you have a pay-as-you-go contract?”
    Well if they were from orange they’d know the answer to that already. My response was “no”. You mean you’re not on PAYG? “I didn’t say that”. End of call. Call woke me up but I wish I’d been sharp enough to use this idea – heard a great thing on radio yesterday – some dutch man has a crib sheet for dealing with cold calls. He keeps asking them questions. Do you like your job? I’d like to work in a call centre, how much do you get paid? etc. Then when they get irritated with constant questions the finale – don’t you like people you don’t know asking you questions about yourself over the phone? made me laugh.

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