In a move that sky news are saying could set precedent here in the UK , major retailer, John Lewis, has been called a SPAMMER and fined by a county court judge for sending unsolicited email contrary to the electronic communications and privacy directive of 2003. Roddy Mansfield who happens to be a producer for sky news has successfully taken direct action against John Lewis in the county court system and won.

The arguments that Mr Mansfield registered his details with John Lewis and had the opportunity to untick the box and also that by browsing their website he had entered into negotiation with the company and they were only sending him goods and services that he could reasonably expect to receive as a result of those negotiations fell on deaf ears.

Now whether precedent is set or not, and it is my understanding that only higher courts than the county court can set precedent, or not is almost by the way side. What is important here is best practice. If you want peoples consent to send them email, use confirmed opt in, then there is no ambiguity. They gave you their email address, you emailed it to say, are you sure you want to go on our merry-go-round, they said yes. It leaves no room for argument but more importantly it gives the best customer experience and surely that and that alone defines best practice.

To read the sky news article on this go here http://news.sky.com/story/1272933/spammer-to-pay-damages-after-court-victory

But be careful if you register there because ironically, his employers, Sky, use pre-ticked opt in boxes!