Am I Right To Be Ticked Off...

Mick Rice

This is a simple enough one.

I received an unsolicited text advertising an upcoming run - a non-competitive, privately organised with charity associations type of thing.

I was kind of annoyed that someone would send me what I would consider to be spam on my private phone seemingly without any reservations about whether I'd want to hear from them.

Do I need to chill out or not?

catweazle

Did you sign up for anything with "the would you like to recieve texts about other promotions and events" accidently still ticked??

Teamer.net are brassing me off, I dont know what buy Top Gear Tickets has got to do with their company but that is what I am getting on my emails from them

Mick Rice

This is a brand new company - only really established locally to me in the last month or so - I know of them but that's about it. It looks like they've just managed to pull together a list of the local running 'heads' from web-sites etc and have blasted out a text to the list.

E-mail spam annoys me - phone spam really annoys me.

littlebug

I think I got the same text Mick. it didn't bother me as I thought I knew where it came from but now that I look at it again it's obviously not from who I thought it was so I'm thinking I probably ticked or didn't tick some box on race application somewhere along the way. (sorry vague non committal response there:rolleyes:).

littlebug

Mick Rice wrote: »

This is a brand new company - only really established locally to me in the last month or so - I know of them but that's about it. It looks like they've just managed to pull together a list of the local running 'heads' from web-sites etc and have blasted out a text to the list.

E-mail spam annoys me - phone spam really annoys me.

They didn't get me from any website...... I'm thinking from a race list or registration.

Mick Rice

...but I don't think this company has ever organised a race before. I'm fairly, although not absolutely and completely, sure about that.

HardyEustace

Mick Rice wrote: »

This is a simple enough one.

I received an unsolicited text advertising an upcoming run - a non-competitive, privately organised with charity associations type of thing.

I was kind of annoyed that someone would send me what I would consider to be spam on my private phone seemingly without any reservations about whether I'd want to hear from them.

Do I need to chill out or not?

No, I received the same text and was very annoyed about it.

It's actually illegal to text-spam people.

Report them to com-reg. I'll be doing so in this instance and I've done so in the past with other companies.

EvilHomer73

Think I got the same one. Am fairly sure I never ticked any box allowing my details to be used for direct marketing as I am careful about that. Would be interesting to know where they got the details from.

littlebug

I can count the local races I've been in on one hand.... but the number must have originated from one of those lists.

dna_leri

If you post your mobile phone number or email on a website (such as your club one) and then get spam related to that website, you should chill out and accept it.

In my opinion, by putting your number/email in the public domain you run that risk.

I also hate spam so I am very cautious about providing my contact details to any organisation. So when I get spam, for example from a company that someone on the same private email list as me works for, I get pi$$ed off but usually ignore it.

HardyEustace

dna_leri wrote: »

If you post your mobile phone number or email on a website (such as your club one) and then get spam related to that website, you should chill out and accept it.

In my opinion, by putting your number/email in the public domain you run that risk.

I also hate spam so I am very cautious about providing my contact details to any organisation. So when I get spam, for example from a company that someone on the same private email list as me works for, I get pi$$ed off but usually ignore it.

The thing is though, that it's illegal unless you've explicitly given your permission to accept text updates from someone. Otherwise what's to stop them generating numbers and spamming everyone.

I'd really urge everyone to report this behaviour to com-reg. If we don't then companies will think that it's "acceptable" behaviour and you'll spend your day deleting spam from your phone.

aburke

Mick Rice wrote: »

Do I need to chill out or not?

In general, yes :-)

On this specific question, I got this text too.
It's blatant spam, and illegal. If I had the time and energy, I'd report them to ComReg.

Got a similar one last year from an event in the east of the county.

Alan

dna_leri

HardyEustace wrote: »

The thing is though, that it's illegal unless you've explicitly given your permission to accept text updates from someone. Otherwise what's to stop them generating numbers and spamming everyone.

I'd really urge everyone to report this behaviour to com-reg. If we don't then companies will think that it's "acceptable" behaviour and you'll spend your day deleting spam from your phone.

According to ComReg website:

Unsolicited contacts (eg phone call, text message, fax or e-mail) - what can I do to stop them?

Whilst there is nothing illegal regarding the practice of calling consumers for marketing purposes, it is illegal for any company to call in such an unsolicited fashion when the consumer has specifically requested not to be contacted by that company.

That reads like you need to tell them not to contact you before it is an illegal activity.

PS I have nothing to do with the organisation that sent out the text

HardyEustace

I still think that they are illegal though.

Found this on the citizens advice bureau website

Unsolicited mobile telephone text messages

In September 2005 for the first time, a company in Ireland was prosecuted by the Data Protection Commissioner for sending unsolicited commercial text messages to mobile telephone subscribers. These text messages also qualify as SPAM.

and from the data protection act

Electronic mail (i.e. a text message, voice message, sound message, image message, multimedia message or email message) for the purpose of direct marketing cannot be sent to you without your prior consent unless it is from someone with whom you have a current customer relationship. The Data Protection Commissioner considers that, in order to comply with the provision of the Data Protection Acts concerning the retention of data for no longer than is necessary, and in line with best practice, a ‘current customer relationship’ exists only where a business and a customer have engaged in a business transaction within the previous twelve months.

So therefore because they're a new company, and thus can't have had any dealings with you what they are doing is illegal.

BeepBeep67

HardyEustace wrote: »

So therefore because they're a new company, and thus can't have had any dealings with you what they are doing is illegal.

That's my understanding, in Ireland and UK you need to opt in to receive marketing communications. Need to be cafeful when you are opting in though always read carefully if you are opting in to receive communications from our 'partners'.

Peckham

If you have been a customer of this organisation within the past year, then they may be entitled to contact you about their services (unless you have specifically told them not to). Implied consent may exist.

The reasonable thing to do would be to contact the organisation in the first instance and ask them not to recontact you (replying to their text for example). Going straight to ComReg (or Data Protection Commissioner) is a bit heavy handed and is making companies resent the good work being done by these two organisations.

earlyevening

I got a spam text today too. Did it refer to a race in Galway? I barely read it before deleting it but think it mentionned Galway...Tuam possibly. I think the "Streets of Galway" people may have passed on my number...

littlebug

earlyevening wrote: »

I got a spam text today too. Did it refer to a race in Galway? I barely read it before deleting it but think it mentionned Galway...Tuam possibly. I think the "Streets of Galway" people may have passed on my number...

That's what I was thinking earlyevening. I bet that's the one race all of us in this thread have in common. Does anyone know if the S oG results text message come from the streets of galway people or the timing company?
To be honest the passing on of personal numbers bothers me more than getting a spam text.

HardyEustace

Peckham wrote: »

If you have been a customer of this organisation within the past year, then they may be entitled to contact you about their services (unless you have specifically told them not to). Implied consent may exist.

The reasonable thing to do would be to contact the organisation in the first instance and ask them not to recontact you (replying to their text for example). Going straight to ComReg (or Data Protection Commissioner) is a bit heavy handed and is making companies resent the good work being done by these two organisations.

P, while some may consider it heavy handed, the reason I get annoyed is

1. it is spam. Just because it arrives via text rather than email, doesn't make it any less "spam"-ful.
2. The organisation is an events company, a professional company who are running the race for a profit(which I'm not giving out about they're fully entitled to do this), though a certain portion is going to charity for this race. Given they are a professional events company rather than an individual trying to start up a business in the sports field or a club running a race for club funds, I'd expect them to know whether or not they are been operating within the law.

I've been "text spammed" by individual people about classes they're running but I've never complained them to com reg as they're just individuals trying to make a livelihood. An professional events company though is another story.

locteau

Hi guys
I also received the same text 3 times today. certainly because I entered 3 people in an event this year with my phone number. What is very annoying is that I couldn't reply to it and there was no option to be removed from this list. It is very annoying as I never signed up for this.
These are spam texts and I hope the person responsible for this reads this thread and won't repeat this again. I didn't read the texts, caught something about a Santa run or something as I was deleting them.

Sebastien Locteau

edit: I don't believe that the Streets of Galway organisation would pass on participants' details. They have been organising their event for many years now and I'm sure wouldn't do something like this.

jinka

got that text today also from Galway santa race thing. Sent back F-off message. Doubt it delivered but It felt good!

Peckham

HardyEustace wrote: »

Given they are a professional events company rather than an individual trying to start up a business in the sports field or a club running a race for club funds, I'd expect them to know whether or not they are been operating within the law.

I don't know which company it is, or how clued in to data protection and direct marketing rules they are, but maybe they should be given the benefit of the doubt that they were unaware of what is allowed/not allowed in terms of direct marketing.

Maybe they did this in total ignorance of the rules. Maybe they see this thread now and realise that. But give them the benefit of the doubt.

After all, if we have a problem with service received from a shop, we don't go straight to the Ombudsman, we try to resolve it with the shop first. Same principles should apply here.

Incidentally, the rules around sending unsolicited electronic mail (including SMS) are as follows (taken from dataprotection.ie):

Marketers may send you electronic mail for direct marketing purposes where:

(i) You have given them explicit consent to do so within the last twelve months,

or

(ii) they have obtained your personal contact details in the course of a sale to you of a product or service within the last twelve months, they informed you of their identity, the purpose in collecting your contact details, the persons or categories of persons to whom your personal data may be disclosed and any other information which is necessary so that processing may be fair,
and
the direct marketing they are sending is in respect of their similar* products and services only,
and
you were given a simple cost-free means of refusing the use of your contact details for direct marketing purposes at the time your details were initially collected, and where you did not initially refuse the use of those details, you are given a similar option at the time of each subsequent communication. (If you fail to unsubscribe using the cost-free means provided to you by the direct marketer, you will be deemed to have remained opted-in to the receipt of such electronic mail for a twelve month period from the date of issue to you of the most recent marketing electronic mail).

Niallymac

Niall here from Teamer.net.

I see we've been mentioned in this thread above, in the context of sending marketing communications to our members (who opt in to receive promotional messages and have the right to unsubscribe at any time)

While we do occasionally send e-mail marketing messages (such as a Top Gear Live tickets promotion) to our member base, we NEVER send promotional sms/text messages, and we have a very clear privacy policy around the use of our members data, and would never share members contact details with a third party.

The sms messages being referred to in this thread have absolutely nothing to do with Teamer.net.

Thanks
Niall McEvoy
CEO
Teamer.net

locteau

Guys,

I was talking to the GCH and I would say they will confirm what I said.

They never give the data to anybody for sure. The only other people who had the data was the timing company. Which mean they can do the same with any events they timed.

I like the idea of results been texted etc... but after this I call it spam.

It's also not fair on the race organisers, who have nothing to do with it.

I am personally very desapointed.

jcunniffe

This is something Clubs and Event Organisers should bear in mind when writing their entry forms. Just like online ticket purchases, etc the Data Protection Commissioner and ComReg rules apply. If an Organiser intends to re-use athletes' email/txt info then they need to ask them questions of the form:

- We may send you you email/txt messages to keep you informed of other Club events. Tick to Agree

- We may communicate your email/txt to selected third parties. Tick to Agree

Most airlines/ticket sellers/etc use the 'Tick to Opt Out' style of the question but this is considered bad form and you should really ask whether they want to 'Opt in'.

For the record we were not involved in the current issue and do not communicate data owned by Event Organisers to third parties.

John
RedTag Timing

Stupid_Private

The plot thickens...

scottreynolds

Mick,

Ask the company where they got your details and then ask then never to contact you again. If they got it from the internet... then its unfortunate but probably unavoidable.

I'd track down the where they got your number from first.

A similar thing happened on the Ring of Kerry cycle albeit email and I think it turned out the organisers IT consultant had stolen the addresses. So best just to deal directly with the people. Its it gets painful complain to comreg.

kit3

Sounds like a very bad way to try to promote an event !

pgibbo

earlyevening wrote: »

I got a spam text today too. Did it refer to a race in Galway? I barely read it before deleting it but think it mentionned Galway...Tuam possibly. I think the "Streets of Galway" people may have passed on my number...

I did the Streets of Galway and did not receive this spam message. I would be shocked if SoG would pass on those details. They are far too professional for something like that. Seb has probably hit the nail on the head.......Also, SoG do not send the sms alerts after the race, the chip company do.