Unsolicited email advertising
September 27, 2011 | 30,00 EUR | answered by Bernhard Müller
Dear Sir or Madam, I have just received a cost invoice and a declaration to cease and desist in the mail.
Explanation:
We sent a sales offer to a company in the same industry as ours. The email address was obtained from various freely accessible internet directories (e.g. business directory).
Does this constitute "unlawful email advertising"?
Thank you very much.
Dear inquirer,
according to § 7 II No. 3 UWG, an unreasonable harassment occurs when advertising using electronic mail without the prior explicit consent of the recipient.
You have sent a sales offer. This is advertising.
You have used email for advertising. This is electronic mail.
If you have not obtained explicit consent from the other company, I have to unfortunately answer your question with yes.
Best regards,
Bernhard Müller Attorney
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