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

thatprivacyguy.com

31–40 of 308 posts

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

#32

> 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…

Yea, I don't get it either. Receiving being a condition on membership means (in my understanding) only that non-members can't (shouldn't) receive anything, not that members will or must receive something. Which sounds perfectly normal and sane to me.

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

#33
post #28

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 n…

Once I rented an apartment in US, and the documents said that they can make videos, pictures and audio recordings of me and my family, and use it for their own purposes including commercial. I objected, but their position was that no one is going to involve legal department for me, and I am free to go away.

> and I am free to go away.

This is the crux of the problem when landlords are allowed to form or join an "association" that gets too pervasive.

This was at the heart of the RealPage lawsuits.

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

#34
post #28

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 n…

Once I rented an apartment in US, and the documents said that they can make videos, pictures and audio recordings of me and my family, and use it for their own purposes including commercial. I objected, but their position was that no one is going to involve legal department for me, and I am free to go away.

Pretty sure that's a violation of fundamental human rights as it's your place of living. Surely that can't be legal, even in the US can it?

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

#35
post #34
post #28

Earlier quoted context omitted.

Once I rented an apartment in US, and the documents said that they can make videos, pictures and audio recordings of me and my family, and use it for their own purposes including commercial. I objected, but their position was that no one is going to involve legal department for me, and I am free to go away.

Pretty sure that's a violation of fundamental human rights as it's your place of living. Surely that can't be legal, even in the US can it?

It doesn’t mean _inside_ the apartment. It means if they decide to film a commercial and you’re walking your dog in the background, they don’t have to ask you.

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

#36
post #30
post #14

Earlier quoted context omitted.

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 do…

Like in Finland where speeding ticket fines are based on your income. For instance, in one well known case a businessman was fined €121,000 for going 82 km/h in a 50 km/h zone.

And before anyone calls this crazy, note that jail time costs you your time, whatever that's worth. This is the same idea without the physical incarceration.

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

#37
post #30
post #14

Earlier quoted context omitted.

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 do…

Like in Finland where speeding ticket fines are based on your income. For instance, in one well known case a businessman was fined €121,000 for going 82 km/h in a 50 km/h zone.

That's considerably more than someone near me who was doing 245km/h in a 90 zone (Well 55mph which is 89km/h). I still don't know why that person didn't lose their license (other than the obvious fact that they were rich enough to afford the Lamborghini that they were driving in); it wasn't just any 55 zone, it was one with a reputation for being dangerous.

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

#38

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...

The risk of getting caught doing business illegally? You really don't give a damn about the illegal part, just getting caught?

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

#39
post #28

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 n…

Once I rented an apartment in US, and the documents said that they can make videos, pictures and audio recordings of me and my family, and use it for their own purposes including commercial. I objected, but their position was that no one is going to involve legal department for me, and I am free to go away.

This is basic security. Cameras around entrances, exits, and common areas have become critical for safety and preventing mail theft.

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

#40

> 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…

I think the "marketing/offers" means discounts? To be eligible for the discounts or special offers, you have to be a member of the club, and if you are a member of the club you have to be willing to receive the email messages, and somehow under EU law you're entitled to all discounts I guess?
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