> 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?
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."
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.
> 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
Yup. It's particularly sad seeing other people in this very thread talking about how they would "ban this customer for life" just for knowing their rights.
I think it's pathetic that this has become the culture amongst large swathes of Americans - especially ones who consider themselves patriotic. This country was founded in rebellion and the assertion of our rights, and somehow the exact opposite is now the ideal of many citizens now.
For me it was showing the image and the prompt, but the whole page was unstyled. But when I reloaded the page now, the css loaded also and the prompt is not shown.
I guess the web server was temporarily overwhelmed by traffic resulting in images (like for you) and css files (like for me) not being consistently served to all visitors.
Datatilsynet, the Norwegian DPA, from my experience, consistently has the user in mind. It (sadly) takes a long time for things to pass through the system, but they consistently come to good decisions.
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.
Instead, it’s much better to scale fines based on the scale of the entity involved which is easier to measure and more broadly effective. Then escalate if they don’t stop.
> 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.
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.
> 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?
sounded exactly like translation error from a German-related lang.
e.g. "to receive offers...is a condition to be in..."
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."
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.
> 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
Yup. It's particularly sad seeing other people in this very thread talking about how they would "ban this customer for life" just for knowing their rights.
I think it's pathetic that this has become the culture amongst large swathes of Americans - especially ones who consider themselves patriotic. This country was founded in rebellion and the assertion of our rights, and somehow the exact opposite is now the ideal of many citizens now.
The image isn't loading for me, all I see is the prompt used to generate it - which is genuinely preferable.
For me it was showing the image and the prompt, but the whole page was unstyled. But when I reloaded the page now, the css loaded also and the prompt is not shown.
I guess the web server was temporarily overwhelmed by traffic resulting in images (like for you) and css files (like for me) not being consistently served to all visitors.
Love to see this, and love our privacy and data handling laws!
I wonder if anyone who are cheering this fine, actually read and tried to implement GDPR. It is a nightmare to be fully compliant for small companies.
It is mostly just a theater (like endless cookie consent dialogs in anonymous browsing), to employ more experts and bureaucrats.
EU is now pushing privacy laws that severely undermine privacy.
Datatilsynet, the Norwegian DPA, from my experience, consistently has the user in mind. It (sadly) takes a long time for things to pass through the system, but they consistently come to good decisions.
And how much did it make them over those 5 years?
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.
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.
Instead, it’s much better to scale fines based on the scale of the entity involved which is easier to measure and more broadly effective. Then escalate if they don’t stop.
Good to know that this is illegal. One of my email providers also does this, maybe I’ll also have to try reporting them and see what happens.
Excellent outcome. I wish we had these rights in the USA! Too bad justice took 5 years though.
> 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.
This is extremely cool reading! I'm impressed that they actually fined Elkjøp (as they should!) but very surprised that they didn't keep you informed!
Thank you for sharing!
Hahaha, the sticker looks really funny, but I like it.
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.
In other words, you'd ban someone because they might notice that you are doing illegal stuff and you might get caught.
Follow the laws and it isn't an issue. I'm pretty sure banning someone for that stuff is probably illegal, too.
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.
Just awoid some jurisdictions. Bulgaria is in EU, has all the same access, and has no time for this BS.
[delayed]