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I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

thatprivacyguy.com

11–20 of 308 posts

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#11
post #9
post #7

Earlier quoted context omitted.

The fine is only part of the story. They likely spent more money than the fine fighting it over 5 years as fines increase next time if you don’t stop.

And how much did it make them over those 5 years?

You don't know how much it did cost them. Why would you care about how much they gained ? You can't compare something when you have neither value.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#13
post #9

Earlier quoted context omitted.

And how much did it make them over those 5 years?

You don't know how much it did cost them. Why would you care about how much they gained ? You can't compare something when you have neither value.

Because if, as the regulator, you fail to benchmark what they gained then your laws can be ignored and your fines paid as simply a cost of doing business.

Its why you find the Australian regulator for consumer affairs handing out $200m+ fines to telecommunications companies, for example.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#14

Earlier quoted context omitted.

You don't know how much it did cost them. Why would you care about how much they gained ? You can't compare something when you have neither value.

Because if, as the regulator, you fail to benchmark what they gained then your laws can be ignored and your fines paid as simply a cost of doing business. Its why you find the Australian regulator for consumer affairs handing out $200m+ fines to telecommunications companies, for example.

By that logic regulators should lower fines if the action wasn’t profitable. Which creates an expensive legal fight around the net profits of some action were after guilt is determined.

Instead, it’s much better to scale fines based on the scale of the entity involved, which also results in huge fines, but it’s easier to measure revenue. Thus the fines are more broadly effective, and you can still escalate if they don’t stop.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#15
> the only way to stop the marketing was to cancel my membership of the club altogether

I have experienced this same thing with at least one other big company in Norway.

I could opt out of either SMS or e-mail, but not both, or I would not be able to keep the membership.

Unfortunately, I never made a note of which one that was exactly so I can’t name them and shame them on the spot.

Despite half-hearted attempts at stopping marketing emails now and then by individually logging in and opting out, or clicking unsubscribe links embedded in the email, my email continues to be flooded with marketing both from domestic and foreign companies that I’ve done business with. There is so many companies that even going through a handful of them at a time and unsubscribing there is a seemingly endless amount of companies that remain to unsubscribe from.

It is great to see that someone fights back, and that it is resulting in fines.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#17
I'm glad it all worked out for this individual. I hope more people live their lives like this as the dystopia progresses.

Unfortunately, especially in the US, exercising your rights, or even just reading every paper you're expected to put your name to, not only constantly pisses people off for some reason, but also puts you at a significant disadvantage compared to the people that never push back in the interest of not making waves, or even because "whatever it's fine."

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#18

If I did business in the EU, I would be banning this chap from my services on the basis that the risk he poses to the business is too great...

You would do no such thing, because if you tried, you wouldn't have a business in the EU anymore.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#19

If I did business in the EU, I would be banning this chap from my services on the basis that the risk he poses to the business is too great...

Frankly, this attitude is pathetic. Absolute loser behaviour.

I don't think you should be doing business anywhere if customers being familiar with the law and knowing their rights scares you. Frankly if you are running a business, you should be familiar with the laws and regulations, doing otherwise - especially when someone points out that your behaviour is illegal - is negligence and punishment with a fine is completely appropriate. Welcome to living in a society.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#20
> The reply I received a few days later did me the favour of putting the violation on the record. Their position, in their own words, was that "in order to receive marketing / offers, it is a condition to be a member of the customer club." That one sentence is the whole case. They had taken a right I am entitled to exercise for free and turned it into the price of admission.

I don’t understand… it would be one thing if it said “receiving marketing/offers is a condition of being a member of the customer club” but that’s not what is being stated above… rather that being a member of the club is required to receive marketing — perhaps something has been misworded or lost in translation?

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