Taking a stand against SMS spam

[tco21]

We all get sms spam and we hate it and shrug it off. I'm up for taking DirectAxis to the cleaners for spamming me just because I'm sick of them messaging me on both my phones. IIRC, opt out campaigns are illegal but WASPA's code of conduct seems to still provision for it http://www.waspa.org.za/code/codeconduct.shtml. I'm sure it's been deprecated. In any case, it's unsolicited so it is spam. I have the time and the patience to go through this, I just need some guidelines on how to get them hard, otherwise I'm going to spam this dude http://za.linkedin.com/pub/thaamihr-abrahams/20/269/2a8 who's in the direct marketing dept. at Direct Axis so he can get a taste of his own medicine.

[supersunbird]

https://www.nationaloptout.co.za/

And from what I see here DirectAxis would be a member of the DMA so you can complain if the spam you and the DMA does come down hard on them if you are on the list:

http://www.dmasa.org/dmasa/dma_extra.php?id=295

[tco21]

Sounds like a good start.

[dominic]

We all get sms spam and we hate it and shrug it off. I'm up for taking DirectAxis to the cleaners for spamming me just because I'm sick of them messaging me on both my phones. IIRC, opt out campaigns are illegal but WASPA's code of conduct seems to still provision for it http://www.waspa.org.za/code/codeconduct.shtml. I'm sure it's been deprecated.

WASPA's Code of Conduct is explicitly opt-in:

5.2. Identification of spam

5.2.1. Any direct marketing message is considered unsolicited (and hence spam) unless:

the recipient has requested the message;
the message recipient has a prior commercial relationship with the message originator and has been given a reasonable opportunity to object to direct marketing communications;
at the time when the information was collected; and
on the occasion of each communication with the recipient; or
the organisation supplying the originator with the recipient's contact information has the recipient's explicit consent to do so.

5.2.2. Any commercial message is considered unsolicited after a valid opt-out request.

5.2.3. WASPA, in conjunction with the network operators, will provide a mechanism for consumers to determine which message originator or wireless application service provider sent any unsolicited commercial message.

5.3. Prevention of spam

5.3.1. Members will not send or promote the sending of spam and will take reasonable measures to ensure that their facilities are not used by others for this purpose.

5.3.2. Members will provide a mechanism for dealing expeditiously with complaints about spam originating from their networks.

if you got to http://www.waspa.org.za/code/search.php and select code clauses from the top left drop down and then enter 5.2.1 and tick whichever boxes you want (sanctions, fines etc) you will see a list of decided waspa adjudications arising from complaints relating to spam

[tco21]

Dominic, DirectAxis doesn't seem to be a WASPA member. Would the regulations still apply to them?

[supersunbird]

Nope, since DirectAxis doesnt provide wireless applications, the do credit/loans. I dont know why you mentioned WASPA in the first place. Thats why I brought up the the DMA.

[dominic]

Dominic, DirectAxis doesn't seem to be a WASPA member. Would the regulations still apply to them?

yes & no

they have to use the services of a WASPA member to distribute their SMS messages - generally the WAPA member acts as a wireless application service provider (WASP) while DirectAxis would be an Information Provider (IP). The provisions of the Code are binding on the WASP and (a) it is required to ensure that IPs which it contracts with undertake to comply with the code & (2) the WASP itself is under an obligation to take reasonable steps to prevent its link to the networks being used for the purpose of spam

most WASPs insist that their IP become affiliate members of WASPA so that they are directly bound, but as you note this will not apply to DA. But the provisions of the code are still relevant and useful for getting results.

[xrapidx]

WASPA's Code of Conduct is explicitly opt-in:



if you got to http://www.waspa.org.za/code/search.php and select code clauses from the top left drop down and then enter 5.2.1 and tick whichever boxes you want (sanctions, fines etc) you will see a list of decided waspa adjudications arising from complaints relating to spam

WASPA is turning into a waste of time wrt complaints.... I recall you having a brief look at one of my complaints ruled in Strike Media favour without explanation (and agreed it was incorrect) - the same company ( Strike Media ) has spammed me various times after that - each time a different excuse, each time let off by WASPA.

I have yet again requested a complaint against them be escalated to formal complaint on the 28 Feb 2012, and provided them with proof on the 6 March 2012 where they provide a different "excuse" for spamming me to the one given to WASPA - and no feedback once again.

Seems their only service now is requesting you to be unsubscribed from - yet these companies keep popping up, so it proves rather pointless, I've now started a list of numbers which I just block on my cellphone.

A small subset

+27820048640479
+2782007024134889
+27720407057
+27761055454
+2782007058385466
+27871350550

[tco21]

Asked the form head of DMASA if it'd even be worth taking them up against. But xrapidx is right, these bodies are all collections of toothless invertebrates.

[xrapidx]

Asked the form head of DMASA if it'd even be worth taking them up against. But xrapidx is right, these bodies are all collections of toothless invertebrates.

From my previous understandings on Strike Media - they are part of the WASPA committee (or what ever its called)... Its like having our corrupt cops part of the jury

[tco21]

Urg. Now that f***s have found my email address (but somehow have my surname wrong)...

[mikro2nd]

You are wrong. Opt-out is the legal norm in this country, made so by the ECT Act.

(Not saying that's right, just that it is so. Take up you beef with our useless politicians to get the crapulacious legislation fixed.)

[roberth]

I am also sick of Direct Axis mail.

Anyway, i found this:

CEO Mark Finlayson
Telephone +27 21 7643000
Fax +27 21 7643266
Email Mark.Finlayson@directaxis.co.za

The phone number looks like their switchboard, but the email address is definitely his

[werfie]

We all get sms spam and we hate it and shrug it off. I'm up for taking DirectAxis to the cleaners for spamming me just because I'm sick of them messaging me on both my phones. IIRC, opt out campaigns are illegal but WASPA's code of conduct seems to still provision for it http://www.waspa.org.za/code/codeconduct.shtml. I'm sure it's been deprecated. In any case, it's unsolicited so it is spam. I have the time and the patience to go through this, I just need some guidelines on how to get them hard, otherwise I'm going to spam this dude http://za.linkedin.com/pub/thaamihr-abrahams/20/269/2a8 who's in the direct marketing dept. at Direct Axis so he can get a taste of his own medicine.

Good Luck... you'll need patience for this one. I went on a rampage about 3 months ago. I received no less than 8-10 sms'es a DAY!!! I opted out, but they just kept on coming, so I started a tirade on HelloPeter, Facebook and with the companies marketing departments directly, I also added myself to the national opt-out registry... Now... 3 months later, I get nothing. I figured out that they got the details from my bank. Most of the mails I received addressed me on my First name, not nick name, the bank is the only place that has that info. And the spam started after opening a new FNB account.

Good Luck. Go for it!!

[entrepr]

Whilst on the rampage - please target Discovery (multiple phone calls to harrass me to sign up for their so-called vitality), Cats Digital (I don't need a new camera for the 100th time) and Wetherley's (I'm still paying of that last, over-priced couch).