iBurst just spammed me...

W

who.is.michael

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I just received a badly written unsolicited mass email message (included below) from iBurst telling me how great they are without giving me an option to unsubscribe.

Surely they should know that when sending mass mail they should first request permission from the entity to which they are addressing the mail (good manners) and secondly provide an option to unsubscribe from the circular, after all it is the law?

Like to know what you think of this. I had to include my comments in red as the writing style and composition doesn’t make any sense to me - can’t fathom at who this could be directed.

To: '[email protected]'
Subject: RE: December update
Importance: High

To Whom It May Concern:

Please don’t send me this untruthful crap and remove me from your mailing list!

As per the electronic communications and transactions act of 2002 section 45 you are obliged to include a link to allow me to cancel the subscription of this unsolicited communication.

Please confirm removal ASAP.

Thanks

Michael


-----Original Message-----
From: [email protected] [mailto:[email protected]]
Sent: 15 December 2006 05:28 PM
To: [email protected]
Subject: December update


Dear Valued Subscriber, - have you ever addressed anybody in your life like this?

Those of you embarking on well-deserved rests over the December and January holiday season will be pleased to know that iBurst has boosted coverage in coastal cities, in particular, in order to cope with the expected increased data traffic in those areas. - ok, I live in Cape Town, uhm it's a coastal city?

The holiday season has not meant any slowdown for iBurst, however, as our coverage strategy continues unabated. iBurst has recently expanded coverage in the following suburbs and towns: Krugersdorp, Modderfontein, Bryanston, Randburg Waterfront, Lovemore Heights, Newton Park, Polokwane, Pietermaritzburg, Silverlakes, Parow and Century City. - sure you are, there is money to be made.

Deals aside, - what deals? it's clear that iBurst is already making progress in the challenging goal of satisfying our subscribers. This is evident from the fact that iBurst was recently named "Broadband (Not according to the Advertising Standards Authority of South Africa) Provider of the Year" - yeah and Sentech in 2005? (Obviously haven’t hear about the analogy of comparing rotten apples with rotten apples - which MyADSL has done) at the annual MyADSL Broadband Conference. iBurst was recognised for its aggressive rollout of coverage and services as well as for boosting its investment in customer service. - what customer service, the MTU bunch?
Other accolades were forthcoming over the past several weeks. iBurst was recognised as the Top Emerging Empowered Company at the Fidentia Top Empowerment Awards.

This last award is particularly satisfying during this time of year when we should all be placing an emphasis on helping others and doing our bit to make South Africa a better, stronger, more equitable country. - so help us your customers first; reduce your inflated prices, get rid of the restrictive cap’s, increase the access speeds, provide a constant reliable service and employ qualified personnel. Then you can gloat all you want, I’ll even help.

Kind regards,

The iBurst Team - who is the team, what are you playing (at)?
 
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I wouldn't exactly call this "Spam"...... since spam is if you get multiple messages from them during a short period of time. Surely one e-mail cannot be harmful? :confused:
 
Definition - Spam is "unsolicited, bulk, commercial email."

Well if you have several accounts, its becomes rather irritating and as it is not addressed to me and as I never requested the information or been made aware that if I opted to make use of an iBurst email address that I would be subjected to receiving poorly written inaccurate marketing information from iBurst, I regard it as SPAM!

Definitions of Spam on the Web:
• To indiscriminately send unsolicited, unwanted, irrelevant, or inappropriate messages, especially commercial advertising in mass quantities.

http://www.info.gov.za/gazette/acts/2002/a25-02.pdf

No. 23708 GOVERNMENT GAZETTE, 2 AUGUST 2002 - Act No. 25,2002 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002


Unsolicited goods, services or communications
45.(1) Any person who sends unsolicited commercial communications to consumers, must provide the consumer—¬
(a) with the option to cancel his or her subscription to the mailing list of that person; and
(b) with the identifying particulars of the source from which that person obtained the consumer's personal information, on request of the consumer.
(2) No agreement is concluded where a consumer has failed to respond to an unsolicited communication.
(3) Any person who fails to comply with or contravenes subsection (1) is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89(1).
(4) Any person who sends unsolicited commercial communications to a person who has advised the sender that such communications are unwelcome, is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89(1).
 
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They send this out every month. It is written in their normal style from what I remember. Haven't you received this before?

Anyway I hardly ever bother to read it, half the time I don't think it even comes through :/

An unsubscribe option would be nice, I hope they listen.
 
Wow, that guy really knows the law. Maybe he can sue iBurst and get some cash out of it... But that'll only work in America.

But then again, it is the law to allow you to unsubscribe (unless the agreement you have says that they may from time to time send you emails about special offers and services --- Did you read the entire agreement before signing/clicking "I Agree"?)

I think.
 
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I also got it but I would not consider it as spam even though it is annoying having it sent to me in the first place.

I never saw or signed any agreement for the service and I'm sure many others also never signed either.:p
 
Like to know what you call it?

Hi halicon

If you do not consider the above to be spam, what would you consider - indiscriminate, unsolicited, unwanted, commercial advertising in the form of bulk mail?

djEJ - It is unsolicited as my service provider for the four accounts I hold with iBurst is through TradePage.


GBM - I received four of these messages. Bulk mail refers to the indiscriminate sending of email messages to multiple recipients and since I informed iBurst after receiving the fist message that I do not wish to receive any further communication in this regard it did not cease. Bulk mail does not necessarily refer to the volume of mail sent to one entity, but rather that it is the indiscriminate sending of messages to several parties.


However should the above be disputed, it still does not change the fact that it is being sent indiscriminately, that it is unsolicited, unwanted or commercial advertising.
 
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As per their terms of use:

iBurst (Pty) Ltd. may send email messages to its customers with news and special offers and users may, by return mail, indicate whether they would prefer not to receive any such mail in future.
Click to expand...

So unless you replied to opt out, they may send as many emails as they like.

Edit: Only read the last bit of your post now. So as per their terms all you have to do is email them to opt out. If they don't respond and still email you, you should take action! You could even threaten to blacklist their ip's should you receive one more email. If they are bright enough they will remove you immediately. If they aren't then some of their users and they are gonna sit with many email problems with emails not getting through.
 
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who.is.michael said:
Hi halicon

If you do not consider the above to be spam, what would you consider - indiscriminate, unsolicited, unwanted, commercial advertising in the form of bulk mail?
Click to expand...

I consider it exactly what it is: December update.

its a freaking news letter. if you cant handle that then take them to court, but to expect everyone to nod their heads and grin at your rant or even back you is just being plain myopic on your part.
 
Thanks for your opinion...

To me it is not a matter of being myopic, it's being denied the right to choose.

Well, I think iBurst should start hiring formites as consultants; at least we are having a hand at shaping the company to what it should be, instead of sitting back and accepting all that is dished out, to me that is being myopic and not contributing.
 
who.is.michael said:
Well, I think iBurst should start hiring formites as consultants; at least we are having a hand at shaping the company to what it should be, instead of sitting back and accepting all that is dished out, to me that is being myopic and not contributing.
Click to expand...

yes and no. i think we should contribute to bigger things then scrutinising them sending out irregular news items from time to time.

for example getting rid of their ridiculous mail smtp rule, among other things.
 
You are a client of a company, and that company sends you an email ...

What a scandal!

What a liberty!

What a stupid thread!
 
I guess if we don't want to recieve those emails/news letters then we could add that email addy to our email spam lists.:p
 
When are they going to say something like. We are pleased to offer you a new package of 20 gigs (unshaped) for R 300. Once you hit your cap your will be throttled to a guaranteed 256kbps?

Now that is one e-mail I would not mind, even if it is spam! Back to the real world I guess...
 
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