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Old 12.02.2015, 15:58
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lesara.ch's are terribly bad, ALL

In the time that lesara.ch have taken to not yet deliver my order, they have spammed me 7 times.

I phoned them today and they unsubscribed me, but why was I on the spam list in the first place?

Where do companies get the idea that it's okay to take an email address I provided as a contact address when making a purchase, and abuse that address to spam the shit out of me? Or even to spam me at all? It's a breach of trust, it is indecent, rude, and, as far as I'm concerned, totally toxic for their brand.

Consent is key when it comes to marketing email messages, and I did not give my consent to lesara.ch to send me these messages.

I realise there is some tacit acceptance of this sort of practice, on the basis that "everyone" does it. That does not make it okay.

In the UK I have a history of claiming damages from spammers under the Privacy and Electronic Communications (EC Directive) Regulations 2003. I have a decent record of getting around 100 GBP in damages per spam email, mainly from "legitimate" businesses who have gone on to misuse my contact details.

It's a shame that that legislation needs to exist, since it merely lays out rules ensuring people give consent before receiving marketing messages. In other words, a basic minimum of common decency. Even so, many businesses operate in breach of that legislation.

Is there an equivalent law in Switzerland? I am not necessarily looking to start claiming damages. But I would like something to point at, so that for those people who fail to see the obvious moral point about consent (which is, admittedly, a matter of opinion), I can point them at a relevant law (which, so long as it's a clear law, would be more a matter of fact).

I would be interested if anyone has any examples of cases where a person has sued a spammer for damages in Switzerland, whether successfully or not.

I'm also interested in whether there's an enforcement agency I can complain to. In the UK there's the utterly lazy and incompetent ICO, which may as well not exist. Is there an equivalent here?

And one extra little annoyance. To navigate to the lesara.ch web site, I had to do the following: enter "www.lesara.ch" directly in my browser's navigation bar; this redirected to "www.lesara.de"; I then had to find and use the in-page selection to choose "Schweiz"; at which point I finally landed on "www.lesara.ch", the URL I had originally entered. So as well as being spammers, they fundamentally don't have a clue about the web.
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Old 12.02.2015, 16:14
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Re: lesara.ch's are terribly bad, ALL

the redirection may be due to your browser settings, I wasn't redirected to lesara.de
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Old 12.02.2015, 16:45
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Re: lesara.ch's are terribly bad, ALL

Their T&C page says they use a "double opt-in" method for sending you spam - so you must really really agree or they won't do it!

BUT

It then continues that regardless if you subscribe to the spam or not it will send you recommendations based on history??

Looks like they really like marketing!
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Old 12.02.2015, 16:48
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Re: lesara.ch's are terribly bad, ALL

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the redirection may be due to your browser settings, I wasn't redirected to lesara.de
Same here, got the CH site no problem. Also keep in mind when you order from a site, you are almost always signed up to "receive promotions" automatically. Then you have to change your preferences either online or via phone so you don't get tons of messages.

What is spam to you might be a goldmine of great deals to another person.
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Old 12.02.2015, 16:59
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Re: lesara.ch's are terribly bad, ALL

I just ignore most marketing mails, then use my "Unread Mails" count to wind up my OCD friends.
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Old 12.02.2015, 22:06
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Re: lesara.ch's are terribly bad, ALL

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I just ignore most marketing mails, then use my "Unread Mails" count to wind up my OCD friends.
grrrr

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