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Anyone else getting text spam from D.I.D Electrical?

  • 27-06-2008 10:15am
    #1
    Closed Accounts Posts: 12,382 ✭✭✭✭


    Hello

    I just got text spam from D.I.D Electrical there. I have no idea how they got my number. To "unsubscribe" I need to text a foreign mobile number.

    Are companies allowed spam mobile phones in Ireland?


Comments

  • Moderators, Music Moderators Posts: 25,872 Mod ✭✭✭✭Doctor DooM


    dublindude wrote: »
    Hello

    I just got text spam from D.I.D Electrical there. I have no idea how they got my number. To "unsubscribe" I need to text a foreign mobile number.

    Are companies allowed spam mobile phones in Ireland?

    To the best of my knowledge no, sending unsolicited texts is a no no in Ireland. You could ask Comreg!


  • Registered Users, Registered Users 2 Posts: 1,336 ✭✭✭Bluehair


    I got it too. As per here;
    The RegTel code of practice on SMS services says:

    • Service providers, or any person or company acting on their behalf, must not send ‘unsolicited’ (spam) text messages

    ............

    The Data Protection Commissioner enforces the European and Irish laws which ensure that your personal information is only used in the manner which you intended.

    Use the online form for the Data Protection Commissioner found here and express your annoyance. I had to do it once last year and they were pretty prompt and helpful about following it up.


  • Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    Thanks for the replies lads.


  • Closed Accounts Posts: 4,038 ✭✭✭penexpers


    I got it too. I assume they got my number as I have recently bought items in DID and provided my mobile number as the contact number.


  • Registered Users, Registered Users 2 Posts: 22,818 ✭✭✭✭The Hill Billy


    I got one too. I fired them off an email to help@did.ie as follows:

    Sir/Madam:

    I have just received a SPAM SMS message from your company from a UK mobile number (+447781482196). Up to now I had been a satisfied customer of your company, but find this as an abuse of the information you hold on me.

    Please remove me from your distribution list immediately. Do not send further SMS messages to my number (see below). Should I receive any further messages I will take action with the Data Protection Commissioner.

    Sincerely,

    Xxx Xxxxxx

    Mobile: +353 nn nnn nnnn


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  • Closed Accounts Posts: 7,484 ✭✭✭username123


    I got it too. Am going to do pretty much what Hill Billy has done.


  • Registered Users, Registered Users 2 Posts: 503 ✭✭✭aniascor


    Got one too. So annoying - it is two years since I purchased anything from them, and I certainly never knowingly gave permission for SPAM to my phone! I'm always really careful to refuse marketing permissions.

    Sent the same email as Hill Billys.


  • Registered Users, Registered Users 2 Posts: 1,336 ✭✭✭Bluehair


    Emailing DID is all fine and well but I strongly recommend those effected complain directly to the Data Protection Commissioner also via the link I posted (here). It only takes a few seconds and you can be damn sure DID will respond more quickly to the threat of fines and legal action from the Commissioner than any stroppy email from us. It was very effective when I used them last year. Response from the company before DPC involvement was "tough you must have given us your number", response after DPC pointed out they were in line for heavy fines was "Sincere apologies for technical error we never intended to contact you" :D

    For what it's worth I've never been a customer of DID so have categorically never given them my number. It's spam pure and simple. Shoot it down early.


  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    Meh, I got one too, just deleted it.


  • Registered Users, Registered Users 2 Posts: 78 ✭✭maps and atlas


    I got one too. I know the SMS says DID but it's coming from a UK number rather than a ROI number. I'm not 'unsubscribing' as it could be a scam and don't want to find out I've subscribed to some premium rate service in another country.


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  • Closed Accounts Posts: 870 ✭✭✭knighted_1


    it is not illigal for did to contact there own customers -when you buy something there you give your mobile number so they can contact you by 'text' to tell you what time it will be delivered ,in doing so you are or have givin permission to be contacted -you had the option of ringing there store urself instead of giving your mobile details out -if you buy from there website this is clearly marked also

    suck it up and be more careful in future


  • Registered Users, Registered Users 2 Posts: 597 ✭✭✭bambam


    got the same spam myself


  • Closed Accounts Posts: 870 ✭✭✭knighted_1


    OUR PRIVACY POLICY
    DID Electrical respects your right to privacy. As part of the e-store facility DID Electrical will retain certain information including your name, address, phone numbers, e-mail address, IP address, billing address and shipping address and product selection.

    This information will be retained in accordance with our obligations under the Data Protection Act 1988. DID Electrical may use your personal data for the following purposes:


    to fulfill your order;

    if there are any queries on your order or if there is a problem with
    fulfilling your order;

    to advise you of any promotional offers that may be of interest to you;

    Your information will be held by DID Electrical and not passed on to any third parties. If you do not wish to receive information from DID Electrical about our promotional offers from time to time please email unsubscribe@did.ie


  • Registered Users, Registered Users 2 Posts: 8,913 ✭✭✭Danno


    I get two a month from Corrib Oil in Portlaoise about their sister store "€urospar" :D

    I just hit the delete button.


  • Registered Users, Registered Users 2 Posts: 5,933 ✭✭✭daheff


    Not only did I get a text...I got 2 emails also!

    pain in the arse....dont these things have to have an opt in clause now??


  • Registered Users, Registered Users 2 Posts: 2,342 ✭✭✭seagull


    knighted_1 wrote: »
    it is not illigal for did to contact there own customers -when you buy something there you give your mobile number so they can contact you by 'text' to tell you what time it will be delivered ,in doing so you are or have givin permission to be contacted -you had the option of ringing there store urself instead of giving your mobile details out -if you buy from there website this is clearly marked also

    suck it up and be more careful in future

    I was asked for a phone number in order to be contacted about the purchase I made. There was no mention of future promotions. On that basis, it is a breach of the data protection act.


  • Registered Users, Registered Users 2 Posts: 548 ✭✭✭TJM


    This might be useful:
    http://www.digitalrights.ie/2005/11/08/dealing-with-sms-spam/

    I've also received one of these spams & would urge everyone affected to contact the Data Protection Commissioner.


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    I got it as well. I've reported the issue to the data protection commissioners and have also emailed DID.

    Should be interesting to see their response.


  • Registered Users, Registered Users 2 Posts: 22,818 ✭✭✭✭The Hill Billy


    seagull wrote: »
    I was asked for a phone number in order to be contacted about the purchase I made. There was no mention of future promotions. On that basis, it is a breach of the data protection act.

    +1

    FWIW - I've lodged my complaint with the commissioner.


  • Registered Users, Registered Users 2 Posts: 1,826 ✭✭✭podge018


    I got it and was quite grateful to learn about their upcoming sale.


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  • Closed Accounts Posts: 870 ✭✭✭knighted_1


    daheff wrote: »
    Not only did I get a text...I got 2 emails also!

    pain in the arse....dont these things have to have an opt in clause now??

    but you had to physically type in your e mail address on there website and the terms are clearly laid out -so just cause you didnt read the conditions ,you are jumping on the bandwagon here slating them ,for something that is your fault - people should wake up to reality


  • Closed Accounts Posts: 5,332 ✭✭✭311


    I don't see any problem with this ,MODO do it aswell. I haven't got any from either for a long time though.
    It's not like it's mcDonalds sending burger adds.


  • Registered Users, Registered Users 2 Posts: 5,430 ✭✭✭Sizzler


    I got one too, this has just reminded me to fire off an email to the data protection commissioner for their take on it, standby for results!


  • Closed Accounts Posts: 1,829 ✭✭✭JackieChan


    My partner has received this also. The last item we got from them was two years ago and that was a contact number for delivery purposes.

    Partner was going to unsubscribe but because it was a UK mobile number wasn't sure what was going on. She contacted Vodafone who advised her to talk to the data commisioners office.

    Seemingly the data commissioner office have received numerous complaints about this.

    You can say 'A sure I'll unsubscribe and leave it at that' but where did they get your number, why was it been sent from a UK mobile number,who was it been sent from? DID or some distribution channel? and did you give them permission to contact you?


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    Is DID, DID? Or is there a DID Ireland? If the latter, any and all corrorspndence from the UK has broken the your Data rights, as they'll have then given it to a 3rd party...


  • Closed Accounts Posts: 870 ✭✭✭knighted_1


    the_syco wrote: »
    Is DID, DID? Or is there a DID Ireland? If the latter, any and all corrorspndence from the UK has broken the your Data rights, as they'll have then given it to a 3rd party...

    i dont think they have given it to a third party -they used a system to bulk send texts and the cheapest service was the uk providers ,it could have been china that provides it ,it makes no difference -
    all a company does is link there system to the distributors system and type in the text that they want to send -nothing sinister goes on and i bet none of you have recieved any other texts from that uk number ,so until you do you shouldnt jump to conclusions -

    if any one has had a reply or a ruling from the data commissioners could they post it here ro clarify matters

    at the end of the day it is not illigal to contact your own customers ,and even if you havent purchased anything in a number of years ,you still remain a customer of that company while they hold your details on computer for the life of your appliance and warrentys


  • Registered Users, Registered Users 2 Posts: 5,430 ✭✭✭Sizzler


    knighted_1 wrote: »
    at the end of the day it is not illigal to contact your own customers ,and even if you havent purchased anything in a number of years ,you still remain a customer of that company while they hold your details on computer for the life of your appliance and warrentys

    Eh. Bollix my friend. Rule 2 & 7 apply in this case.

    http://www.dataprotection.ie/ViewDoc.asp?fn=/documents/responsibilities/3k.htm&CatID=55&m=y

    If I buy a dishwasher from DID today I dont expect to get a poxy SMS 3 years later :rolleyes:


  • Closed Accounts Posts: 870 ✭✭✭knighted_1


    Sizzler wrote: »
    Eh. Bollix my friend. Rule 2 & 7 apply in this case.

    http://www.dataprotection.ie/ViewDoc.asp?fn=/documents/responsibilities/3k.htm&CatID=55&m=y

    If I buy a dishwasher from DID today I dont expect to get a poxy SMS 3 years later :rolleyes:


    number 1-please dont start a reply to me with the word "bollix"

    number 2 -if you read thru rule 2 and 7



    Rule 2: Purpose specification

    • Are we clear about the purpose (or purposes) for which we keep personal information? (YES)

    • Are the individuals on our database also clear about this purpose?(IF THEY READ THE TERMS THEY SHOULD BE )

    • If we are required to register with the Data Protection Commissioner, does our register entry include a proper, comprehensive statement of our purpose? [Remember, if you are using personal data for a purpose not listed on your register entry, you may be committing an offence.] (CLEARLY STATED ON THERE WEBSITE )

    • Has responsibility been assigned for maintaining a list of all data sets and the purpose associated with each? (I CAN ONLY ASSUME IT HAS )



    Rule 7: Retention time

    • Is there a clear statement on how long items of information are to be retained?(EUROPEAN CONSUMER LAW STATES INFORMATION RETENTION FOR LIFE OF PRODUCT (CURRENTLY 6 YEARS) )

    • Are we clear about any legal requirements on us to retain data for a certain period? (NO THIRD PARTIES?)

    • Do we regularly purge our databases of data which we no longer need, such as data relating to former customers or staff members? (?)

    • Do we have a policy on deleting personal data as soon as the purpose for which we obtained the data has been completed? (?)


    again its all assumption on your part ,or your interpretation of the rules


  • Registered Users, Registered Users 2 Posts: 2,342 ✭✭✭seagull


    knighted_1 seems to be operating on the basis that everyone who received one of these texts made their purchase online. How obviously is it on their website that they may use your details for future promotions? Do they have any way of opting out?

    How many people receiving texts made their purchase online, and how many bought in store? If you bought in store and received the spam text from DID, did whoever took your details make any mention that your phone details might be used to send you spam?


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  • Registered Users, Registered Users 2 Posts: 4,306 ✭✭✭Poochie05


    My father bought a TV in-store a few years ago and got this message. He gave them his phone number for delivery purposes and at no time was he told this could be used in future to inform him of promotional offers.


  • Closed Accounts Posts: 384 ✭✭vms7ply9t6dw4b


    After the salesperson puts the phone number in to text for delivery he is asked does the customer wish to recieve texts of a promotional nature. Most of them just click ok without asking because if they dont click yes the customer doesnt get the text for delivery and has to call the store.


  • Registered Users, Registered Users 2 Posts: 5,430 ✭✭✭Sizzler


    Has anybody complained to the DPC about it? Just curious what their take is on it. I had heard they got truckloads of complaints so will be interested to see what they do.


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    After the salesperson puts the phone number in to text for delivery he is asked does the customer wish to recieve texts of a promotional nature. Most of them just click ok without asking because if they dont click yes the customer doesnt get the text for delivery and has to call the store.

    But that is not permitted. The salesperson, and hence DID, are then in the wrong. It sounds like a flaw in their IT systems.

    You must expressly give permission for your number to be used for marketing purposes.

    I've made a complaint to DID (no response to my email), and also logged a complaint with DPC (complaint is being dealt with and acknowledged).


  • Registered Users, Registered Users 2 Posts: 5,933 ✭✭✭daheff


    knighted_1 wrote: »
    but you had to physically type in your e mail address on there website and the terms are clearly laid out -so just cause you didnt read the conditions ,you are jumping on the bandwagon here slating them ,for something that is your fault - people should wake up to reality


    no...i've never typed my email address into their website..
    seagull wrote:
    knighted_1 seems to be operating on the basis that everyone who received one of these texts made their purchase online. How obviously is it on their website that they may use your details for future promotions? Do they have any way of opting out?

    How many people receiving texts made their purchase online, and how many bought in store? If you bought in store and received the spam text from DID, did whoever took your details make any mention that your phone details might be used to send you spam?[/quite]

    i didnt buy my stuff from them online (i wouldn't buy big ticket items online-i like to see what i'm buying) .. i bought applainces in their lucan store about 2 years ago..any details i gave them was for contacting me regarding deliveries...i was never informed that i would be sent advertising info nor given the option to opt out...thats the bit that annoys me most


  • Registered Users, Registered Users 2 Posts: 2,342 ✭✭✭seagull


    I guess knighted_1's theory has just been shot down in flames. We have a number of people who did not buy online, did not give permission in the store for promotional texts to be sent to them, and received these messages. Definitely a breach of data protection.


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  • Registered Users, Registered Users 2 Posts: 2,013 ✭✭✭lynchie


    Yeah, I got it too, never bought online. Did buy a TV for my parents about 2 years ago. They asked for my mobile number so they could send me a text 2 hours before delivery so that somebody could be there. Dont remember them saying my number would be used for any other purpose except that.


  • Closed Accounts Posts: 870 ✭✭✭knighted_1


    QUESTION- why are vodaphone and o2 allowed contact you with offers or new services?

    ANSWER - because you are there customer and they are legaly allowed to contact there customers

    QUESTION -did DID electrical do anything different

    ANSWER - no


    QUESTION- did DID electrical offer you an opt out service?

    ANSWER - yes they did


    does this simplify things for all you special needs learners

    i cant believe some of you have made it this far in life with your negativity

    NEXT QUESTION - have any of you got any more contact from the controversial english service that was used to send the sale offers ?

    ANSWER- no

    why dont you all channel your energies into somerhing worthwhile insted of moaning like little kids about your mobile recieving a text message


  • Registered Users, Registered Users 2 Posts: 5,430 ✭✭✭Sizzler


    knighted_1 wrote: »
    QUESTION- why are vodaphone and o2 allowed contact you with offers or new services?
    Never got one tbh.

    knighted_1 wrote: »
    QUESTION -did DID electrical do anything different

    ANSWER - no
    Wrong answer and poxy comparison. o2 & Voda presumably have an ongoing relationship with you be it by virtue of a contract or an implied contract, ie you purchase credit from them. How many people do you know with an ongoing contract with an electrical store :rolleyes:
    knighted_1 wrote: »
    QUESTION- did DID electrical offer you an opt out service?

    ANSWER - yes they did
    Were you there? Real answer = They did in their hoop. I gave the in store sales guy my contact number for the delivery day, the aul we'll deliver between 1-4pm trick, makes sense for them to have your contact number no? The sales guy did not reel off a yes / no script about the DP act and how my mobile number would be used 2 years later, funny that?

    knighted_1 wrote: »
    NEXT QUESTION - have any of you got any more contact from the controversial english service that was used to send the sale offers ?

    ANSWER- no
    No, probably because A) DID dont have back to back sales in the space of a fortnight & B) If this forum is anything to go by the level of complaints they got you would imagine there has to be at least one DID employee with gumption to realise it was ill advised.
    knighted_1 wrote: »
    why dont you all channel your energies into somerhing worthwhile insted of moaning like little kids about your mobile recieving a text message

    I am going off to have a chat with my 8 year old brother to ask him how many times he has moaned about getting random SMS's, I'll let you know how I get on :)


  • Registered Users, Registered Users 2 Posts: 6,465 ✭✭✭MOH


    knighted_1 wrote: »
    QUESTION- why are vodaphone and o2 allowed contact you with offers or new services?

    ANSWER - because you are there customer and they are legaly allowed to contact there customers

    QUESTION -did DID electrical do anything different

    ANSWER - no

    Um, yes, actually.
    They contacted former customers - just because you buy something somewhere once doesn't mean you're now in the 'customer-for-life' club and can be contacted about anything they decide at any point in the future. With vodaphone/O2 you're a current customer. And even then I'm pretty sure you'd have needed to opt in.
    QUESTION- did DID electrical offer you an opt out service?

    ANSWER - yes they did
    Doesn't seem to be working if they did
    does this simplify things for all you special needs learners

    i cant believe some of you have made it this far in life with your negativity
    Abusing other posters, great logical argument there.
    why dont you all channel your energies into somerhing worthwhile insted of moaning like little kids about your mobile recieving a text message
    While you spend all your energy getting upset at a text message that other people received?!


  • Registered Users, Registered Users 2 Posts: 5,933 ✭✭✭daheff


    knighted_1 wrote: »

    QUESTION- did DID electrical offer you an opt out service?

    ANSWER - yes they did
    Wrong...no they didnt. In fact they never mentioned that this may happen. If they had I would have (and always do) opted out


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  • Registered Users, Registered Users 2 Posts: 5,933 ✭✭✭daheff


    did anybody hear anything back from the DP commissioner?


  • Registered Users, Registered Users 2 Posts: 2,342 ✭✭✭seagull


    I don't think benighted_1 has a very good grasp of the issue here. The issue is that the company has breached the data protection act. I'm not happy with the idea of a company using details that they request for one purpose for something completely different. The simple fact is that they did not ask for the details for the purpose of sending promotional offers, and so it is illegal for them to use them for this. There was no opt out for people in store. They were asked for their mobile number for the express reason of being contacted if there were any issues with the delivery. That is the reason that was given, there was no mention of keeping it for sending promotions. There goes your opt-out argument.


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    I got a response today from the Data Protection Commissioner -

    I refer further to your recent complaint to this Office concerning your receipt of an unsolicited direct marketing text message from DID Electrical. Yours was one of a number of complaints which we received about this matter.

    Since the matter came to our attention we have carried out a full investigation. I am pleased to tell you that DID Electrical has taken the matter very seriously and has cooperated fully with our investigation. DID has undertaken to take the following remedial steps:

    All customer telephone numbers, including yours, which were used in the
    recent text message promotion will be permanently deleted from its
    files/server.
    Following deletion, the telephone numbers will no longer be available to
    the company for use thereafter for marketing or for any other purpose.
    DID will obtain written confirmation from the third party company whose
    technical infrastructure it used to send the text messages that the
    telephone numbers have not been retained by that company.
    DID Electrical will draft a new data retention policy in relation to
    personal data. This policy will outline the timeframe around which
    personal data records shall be allowed to be retained on its internal
    database prior to deletion on the expiry of that timeframe.

    In terms of bringing your complaint to a satisfactory conclusion, we raised with DID Electrical the possibility of arranging an amicable resolution.
    Section 10(1) of the Data Protection Acts obliges the Data Protection Commissioner to attempt to arrange for an amicable resolution of a complaint in the first instance. DID Electrical has indicated its willingness to reach an amicable resolution of the complaints to this Office. In that regard, it firstly wants to state that in its text messaging campaign it wished to cause no harm or grievances by its actions either to yourself or to others. Accordingly, it conveys its apologies for any inconvenience caused to you. In addition, and in order to demonstrate DID Electrical's acknowledgement of the grievances caused by its text messaging campaign, it proposes to make a charitable donation of €50,000 as a gesture of goodwill, to a reputable Irish charity.

    If you wish to object to the amicable resolution on offer from DID Electrical, please contact me by the close of business on Thursday 14 August, 2008. If we do not hear from you by that date, we will close the complaint file and instruct DID Electrical to proceed with making the charitable donation.

    Thank you for bringing this matter to our attention.


    I'm happy enough with that. A win for the good guys this time, and a nice slap on the wrist for DID. :D


  • Registered Users, Registered Users 2 Posts: 1,867 ✭✭✭lorweld


    Yeah and the €50 000 donation is a nice gesture!


  • Registered Users, Registered Users 2 Posts: 1,336 ✭✭✭Bluehair


    Got the same response. Good result and well done to everyone who followed it up with the Data Commissioner too. Hopefully knighted_1 will have learned something about privacy and data protection from this. The commissioner provides an excellent service and if it wasn't for them applying these laws our phones would be going every few minutes with spam.


  • Registered Users, Registered Users 2 Posts: 2,342 ✭✭✭seagull


    lorweld wrote: »
    Yeah and the €50 000 donation is a nice gesture!

    I suspect it's more along the lines of trying to avoid a fine, or a larger payout. It would be interesting to know how many texts they sent out. Imagine everyone who'd received them decided to ask for a nominal €10. It might add up to a good chunk of money.


  • Registered Users, Registered Users 2 Posts: 1,336 ✭✭✭Bluehair


    seagull wrote: »
    I suspect it's more along the lines of trying to avoid a fine, or a larger payout. It would be interesting to know how many texts they sent out. Imagine everyone who'd received them decided to ask for a nominal €10. It might add up to a good chunk of money.

    Correct. They could be fined a significant amount per text so DIDs solicitor obviously reckoned the charitible donation would help to secure the 'amicable resolution' route and end it there. I've already emailed the DC back saying I'm happy enough with that and thanking them for following it up. Job done.


  • Registered Users, Registered Users 2 Posts: 413 ✭✭dsane1


    Hi all a good result i think ,now what about king communications sending similiar text messages about their latest offers .Do the same rules apply as they are a vodafone agent ?


  • Registered Users, Registered Users 2 Posts: 5,430 ✭✭✭Sizzler


    dsane1 wrote: »
    Hi all a good result i think ,now what about king communications sending similiar text messages about their latest offers .Do the same rules apply as they are a vodafone agent ?

    Yes. Same rules apply.

    I got the email too from the DPC yesterday and am delighted with the outcome, I hope it makes the press too.

    Nice gesture for what will hopefully be a very deserving charity :)


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