{"id":75889,"date":"2013-04-22T10:01:31","date_gmt":"2013-04-22T08:01:31","guid":{"rendered":"http:\/\/mybroadband.co.za\/news\/?p=75889"},"modified":"2013-04-22T10:03:51","modified_gmt":"2013-04-22T08:03:51","slug":"how-sms-spammers-get-your-number","status":"publish","type":"post","link":"https:\/\/mybroadband.co.za\/news\/cellular\/75889-how-sms-spammers-get-your-number.html","title":{"rendered":"How “SMS spammers” get your number"},"content":{"rendered":"

A recent SMS spam complaint against Cellfind<\/a> and Blue Label Data Solutions<\/a> revealed that people\u2019s mobile numbers, to which unsolicited messages were sent, may have been obtained from public sources like the Deeds and CIPRO public databases.<\/p>\n

A consumer lodged a complaint with the Wireless Applications Service Provider Association (WASPA<\/a>) in July 2012, saying that he received SMS spam (aka unsolicited commercial message) promoting cellular services.<\/p>\n

The two companies against which the complaint was lodged are Blue Label Data Solutions and Cellfind – both owned by listed company Blue Label Telecoms<\/a>.<\/p>\n

Blue Label Data Solutions explains<\/h3>\n

In his response to the SMS spam complaint, Mark Hinnings<\/a>, Client Relations Manager at\u00a0Blue Label Data Solutions, explained that they use public domain data to gain access to mobile numbers for their SMS campaigns.<\/p>\n

\u201cThere are various ways to obtain consumer data, public domain being the source we mostly obtain our data from. I requested to search for both Deeds and CIPRO information and found your information is listed on both databases,\u201d said Hinnings.<\/p>\n

In a follow-on interview with MyBroadband, Hinnings explained that the public sources may not list mobile numbers, but contain other identifiable information like ID numbers.<\/p>\n

The company can then use the ID number to consult the credit bureau to obtain other personal information like mobile numbers.<\/p>\n

After this the mobile numbers can be used to send SMS messages to the person, with the option to opt-out of any further communications.<\/p>\n

\"Mark<\/a>

Mark Hinnings<\/p><\/div>\n

WASPA code of conduct spam battle<\/h3>\n

The complainant hit back, saying that the companies involved did not abide by WASPA\u2019s regulations against unsolicited messaging.<\/p>\n

\n

WASPA\u2019s prevention of spam code of conduct<\/h3>\n

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.<\/p>\n

Any direct marketing message is considered spam, unless:<\/p>\n

    \n
  1. the recipient has requested the message;<\/li>\n
  2. 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;<\/li>\n
  3. the organisation supplying the originator with the recipient’s contact information has the recipient’s explicit consent to do so.<\/li>\n<\/ol>\n<\/blockquote>\n

    According to the complainant Blue Label Data Solutions and Cellfind did not follow these guidelines.<\/p>\n

    Blue Label Data Solutions hit back, saying that \u201cobtaining data from any source is not of a breach of any WASPA proviso\u201d.<\/p>\n

    \u201cFurther, there was no confirmation that the complainants details were obtained from a specific source since the confirmation of the source was not known at the time and remain unknown to date,\u201d the company said.<\/p>\n

    Blue Label Data Solutions highlighted that the Consumer Protection Act (CPA) states that a company sending SMS messages \u2018provide you with details on how we obtained your cell number, and make provision for you to opt out on the National Opt Out register run by the DMA\u2019.<\/p>\n

    According to the company it abided by these requirements, and is hence not guilty of anything illegal.<\/p>\n

    A legal expert substantiated Blue Label Data Solutions\u2019 views, saying that \u201cThere is nothing stopping a person from obtaining information from the Deeds Office or CIPRO and there is nothing stopping a person from sending SPAM provided an opt-out method is offered for electronic communications\u201d.<\/p>\n

    WASPA ruling<\/h3>\n

    The WASPA adjudicator ruled that Cellfind and Blue Label Data Solutions have not adduced any evidence that the complainant consented to receive the message.<\/p>\n

    \u201cBlue Label Data Solutions has essentially conceded that the message was likely unsolicited and therefore spam,\u201d the WASPA adjudicator said.<\/p>\n

    Cellfind and Blue Label Data Solutions were fined R20,000 each for sending SMS spam messages.<\/p>\n

    Wickus du Plessis, Operation Manager (Finance & Legal) at Blue Label Mobile, said that Cellfind lodged an immediate appeal against the WASPA ruling.<\/p>\n

    \u201cIt is unclear why Cellfind would be identified or implicated as a \u2018Service Provider\u2019 without notice, since it had no involvement in this matter whatsoever.\u201d<\/p>\n

    More SMS spam articles<\/h3>\n

    SMS spammers named and fined<\/strong><\/a><\/p>\n

    Should you pay to stop SMS spam?<\/strong><\/a><\/p>\n

    What you can do about SMS spam<\/strong><\/a><\/p>\n

    SMS spam filtered on MTN<\/strong><\/a><\/p>\n

    All SMS direct marketing contravenes the CPA<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

    A recent WASPA SMS spam complaint reveals where some companies get your cellphone number from <\/p>\n","protected":false},"author":23,"featured_media":75895,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[19123,1017,9850,35,1285],"class_list":["post-75889","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-cellular","tag-blue-label-data-solutions","tag-blue-label-telecoms","tag-cellfind","tag-headline","tag-waspa"],"_links":{"self":[{"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/posts\/75889"}],"collection":[{"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/users\/23"}],"replies":[{"embeddable":true,"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/comments?post=75889"}],"version-history":[{"count":1,"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/posts\/75889\/revisions"}],"predecessor-version":[{"id":75937,"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/posts\/75889\/revisions\/75937"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/media\/75895"}],"wp:attachment":[{"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/media?parent=75889"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/categories?post=75889"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/tags?post=75889"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}