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Spam Charges laid against Two Danish Companies

16. February 2005

On 20 October 2004 the Danish Consumer Ombudsman [DCO] laid an information against two Danish companies for their distribution of unsolicited commercial messages.

On 20 October 2004 the Danish Consumer Ombudsman [DCO] laid an information against two Danish companies for their distribution of unsolicited commercial messages.

Against the background of more than sixty complaints from consumers and traders alike over unwanted email and fax ads from the wine trader Philipson Wine, the DCO took the step to inform the police. The DCO holds that even if it was a mistake, as claimed by Philipson Wine, the company should not be exempted from liability.

Midt Data, a company in the computer business, was also subjected to DCO scrutiny following approximately 20 complaints over their dissemination of emails advertising a computer fair with sales stands and product demonstrations. Midt Data has subsequently informed the DCO that around 5,000 recipients have received the invitation without consenting to it.

It is the DCO’s impression that the above activities conflict with the Danish Marketing Practises Act. Whether the respective companies should go on trial on the charges thus brought against them lies with the police to determine.

Section 6a of the Danish Marketing Act prohibits distribution of unsolicited enquiries via fax, email or other electronic communication to targeted recipients.

The DCO supervises marketing activities carried out by Danish trade and business including their compliance with section 6a of the Danish Marketing Practises Act on the ban on unsolicited distribution of electronic commercial communication. Further information about the rules in force is available from www.consumerombudsman.dk .

Want to report spam to the DCO?

In order to keep evidence for further investigation, the DCO has set up two electronic spam mailboxes. Cross-border spam can be forwarded to spam@fs.dk whereas Danish spam should be sent to spamdk@fs.dk.

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