Just the car battery… ma’am. Just the car battery
Having purchased a battery from Euro Car Parts in January, they proceeded to target me with unsolicited marketing by e-mail. In my view, Euro Car Parts had failed to comply with Regulation 22 of the PECR because they’d failed to give me a genuine choice not to receive such marketing – at the point they obtained my information. I contacted Euro Car Parts to find out what they had to say about it but I received no response. In fact, here’s a summary of my attempts to contact Euro Car Parts about this matter and how they responded:
On the 31 January 2017, I contacted Euro Car Parts’ customer services by e-mail and pointed out that they had no right to target me with unsolicited electronic marketing. I received no response from them.
On the 7 February 2017, I followed up with another e-mail to Euro Car Parts’ customer services. I received no response from them.
On the 17 February 2017, I contacted Euro Car Parts’ customer services by e-mail to make them aware of my intention to submit a complaint to the Information Commissioner’s Office. I received no response from them.
On the 4 April 2017, I contacted the Euro Car Parts’ customer services by e-mail to make them aware of my intention to seek compensation and that they should pass the matter to their legal team. I received no response from them.
On the 5 April 2017, I contacted Euro Car Parts’ customer services by e-mail to formally opt-out of all direct marketing under Section 11 of the DPA. I received no response from them.
On the 22 April 2017, I contacted Euro Car Parts’ customer services by e-mail to make a general enquiry about discounts on bulk orders. I used the same e-mail address as I’d used previously; the same e-mail address that I used to register with them. I wanted to see whether they would respond to a general enquiry as this would suggest that they’d received my previous data protection related enquiries and had deliberately opted to ignore them.
On the 23 April 2017, I received a response from Euro Car Parts’ customer services by e-mail, confirming that they do not offer specific discounts on bulk orders. Nice to know that they were receiving my e-mails and were opting to ignore t
On the 23 April 2017, I replied to Euro Car Parts’ customer services by e-mail to clarify that I wasn’t really interested in discounts; that I just wanted to clarify that they had received my Section 11 opt-out. I advised them that they had no right to target me with marketing e-mails in the first place – Regulation 22 PER, and that they needed to comply with my Section 11 opt-out. I suggested that they seek advice from the ICO.
On the 24 April 2017, I actually received a response from Euro Car Parts’ customer services by e-mail. I was advised that if I do not wish to receive marketing e-mails from them, that I should click the ‘unsubscribe’ button located at the bottom of the e-mails. Clicking on the unsubscribe link is an option, but I am of the view that I didn’t subscribe in the first place so why should I have to unsubscribe. WTF! Furthermore, I tend to avoid clicking unsubscribe links because doing so has become too much of a risk these days. Let’s put it this way; if I’d received a phishing e-mail that looked like a marketing e-mail from Euro Car Parts, then by clicking the unsubscribe link, I could be inviting malware onto my computer. Anyway, it was nice to get a response from them at last.
On the 28 April 2017, I contacted Euro Car Parts’ customer services by e-mail to inform them that they needed to comply with my Section 11 opt-out and that the view of the ICO was that they should do this within 28 days for electronic marketing. I received no response from them.
On the 8 May 2017, I contacted Euro Car Parts’ customer services by e-mail to make it clear that they had failed to comply with my Section 11 opt-out and that it was my intention to claim compensation under Section 13 of the DPA unless they agreed to settle. I received no response from them.
On the 14 May 2017, I contacted Euro Car Parts’ customer services to give them another chance to settle. I received no response from them.
On the 19 May 2017, I contacted Euro Car Parts’ customer services to make them aware that I was going to file a claim. I received no response from them.
I filed a claim for compensation under Section 13 DPA.
Here is a summary of the marketing e-mails that I received from the Defendant in May 2017. Bearing in mind that I had sent a Section 11 opt-out to Euro Car Parts on the 5 April 2017, I am of the view that all of these e-mails were sent to me while I was legally opted out of all direct marketing – 28 days after the 5 April 2017:
- 5 May: Weekend Sale Is Here – Up to 55% Off Online
- 6 May: Weekend Sale Ends Midnight Tomorrow – Up to 55% Off Online
- 7 May: HURRY – Weekend Sale Ends Midnight TONIGHT
- 10 May: 2hr Sale – Shell Helix Ultra Professional AG Engine Oil – 5W-30 – 5ltr Only £19.30 – Code Inside…
- 13 May: Weekend Sale Ends Tomorrow – Massive Sale On Laser Tools Inside…
- 14 May: Up to 55% Off Online – Ends TONIGHT – Summer Essentials Inside…
- 16 May: 30% Off Car Parts – Polishers & Additives
- 17 May: 2hr Sale – Triple QX 5w40 Fully syn PD Oil – Only £21.99 – Ends 9pm
- 19 May: Our Biggest Weekend Sale EVER – 33% Off Online!
- 20 May: 33% Off Ends Midnight Tomorrow | Save On Car Care Inside…
- 21 May: Last Chance – 33% Off Online Ends TONIGHT
- 23 May: Up to 60% Off Online – Bank Holiday Sale Now On…
- 24 May: Bank Holiday Madness Continues – Pools, Gazebos & Garden Essentials Inside
- 25 May: Up To 60% Off Online – Save On Summer Travel & Valeting
- 26 May: Our Sale Has Been SUPERSIZED – Extra Discounts Online – Ends Monday
- 27 May: Bank Holiday Daily Deal – Buy 1 Get 1 Free On Selected Triple QX Engine Oils
- 28 May: Up to 60% Off Online – Bank Holiday Deals On Car Mats, Trims & Air Fresheners Inside…
- 29 May: Last Chance – Up to 60% Off Online Ends Midnight TONIGHT
- 31 May: Pay Day Flash Sale – 35% Off Online – Ends Midnight TONIGHT
And they wonder why people get pissed-off with e-mail marketing. It’s almost every day! Seriously? Euro Car Parts has so many promotions that I would rather wait to purchase non-urgent items during a promotional period as opposed to paying the advertised price.
My claim for compensation
My claim focused on the failure by Euro Car Parts to satisfy Regulation 22 PECR and their failure to comply with my Section 11 DPA opt-out. Strangely enough, Euro Car Parts opted to defend the claim. However, it soon became apparent that Euro Car Parts’ legal team were unaware that I had opted out under Section 11 of the DPA because my opt-out had been ignored, so they asked me to provide them with evidence. I provided them with a copy of the e-mail that I sent to their customer services on the 5 April 2017 to opt-out of all direct marketing in accordance with Section 11 DPA. It’s easy to opt out under Section 11 DPA:
Under Section 11 of the Data Protection Act 1988 (DPA), I’m entitled to ask you to cease processing my information for the purpose of direct marketing. Please treat this as my formal request under Section 11 of the DPA to cease processing my information for the purpose of direct marketing.
Once Euro Cart Parts realised that I had opted out under Section 11 DPA, they tried to reach an out of court settlement; a settlement where they don’t have to admit fault. I’d claimed £300 plus £25 costs and they offered to pay this amount to settle out of court. According to the court rules (CPR) I don’t have to accept a settlement but it can go against you in court if you reject an offer to settle. But let’s weigh it up: they’d repeated ignored me, they’d ignored my Section 11 opt-out and they’d failed to comply with Regulation 22 PECR. I said that I’d be willing to settle out of court for £750. A few weeks went by and the next thing I knew they’d formally settled the claim for £325.
What the ICO had to say
The ICO carried out an Assessment in accordance with Section 42 DPA (RFA0706012) and reached the following conclusion.
I appreciate the concerns you have raised in your correspondence, however we do not consider it to be appropriate to take further action against Euro Car Parts in this instance. This is because Euro Car Parts have stopped sending you marketing material and this matter has been handled in court, which is a step we would have normally advised you to take should Euro Car Parts not comply with your request in them not suppressing your details for marketing purposes.
However, if you continue to receive further direct marketing from Euro Car Parts, please inform us of this and we will consider whether further action is necessary.
Although we do not intend to take any further regulatory action on this case, this will remain on our systems to help us build a picture of Euro Car Part’s information rights handling.
We will continue to monitor Euro Car Part’s data protection practices, and should any regulatory action be taken against them in the future, your case may form a part of our intelligence against them. You can view any regulatory action we do take on our website, using the following link: https://ico.org.uk/action-weve-taken/
Note, that the case officer failed to actually carry out an assessment as to whether, in her view, Euro Car Parts complied with the DPA. I replied and pointed this out and received the following reply:
From the information you have provided to us it does appear that Euro Car Parts has breached the legislation because they failed to stop processing your personal data. We have now asked Euro Car Parts to confirm that they have suppressed your contact details and will not contact you again for marketing purposes.
It is now Euro Car Parts responsibility to explain to us how they intend to improve their information rights practices. We will keep the concerns raised on file as this will help us over time to build up a picture of Euro Car Parts information rights practices.
We got there in the end but you have to wonder… if I didn’t tell the case officer how to do her job she would have got it wrong. Just as well one of us knows what they’re doing – eh?
In 2017 I donated £1,500 to charity by settling a data protection claim out of court. For me, this case highlights yet another example of how the ICO is failing the public.
I can’t give you details of Euro Car Part’s defence as their lawyers threatened me with legal action if I do. Indeed, they contacted the court to obtain clarification that I could not disclose their defence as the case was settled before it was allocated to a track – the small claims track for example.
Euro Car Part’s lawyers reviewed this article and suggested a few changes prior to publication.