Reply: Complaints to ICO upheld

Oh dear, 2015 has not been kind to Optical Express, and I suspect things may get even worse for them before the year is out!

www.informationtribunal.gov.uk/DBFiles/D...2831.08.15%29%20.pdf

"Consequently OE's claims that because they provided a mechanism through which the recipient could opt out of future messages, the Commissioner ought not to have used his discretion to issue the Notice, are not valid. The fact is that the direct marketing texts should not have been sent in the first place because they were unsolicited and in breach of Regulation 22(2)...

In view of our observations and reasons above we find that the appeal should be dismissed.

Brian Kennedy QC
31 August 2015."

In addition to being senior partner with Harper Macleod, Rod McKenzie is also a Director with Dcm (Optical Holdings) Limited, OE's parent company.



Rod and I were penpals for a while in June 2013
www.opticalexpressruinedmylife.co.uk/index.php/blog.html

NB: If you receive unsolicited texts complain here:
www.gsma.com/managedservices/spam-management-prevention

Optical Express IGNORED Information Commissioner’s Office (ICO) ruling on spam text messages, and continue to send out millions every week!

If you’re still getting nuisance texts from them you can stop them once and for all by complaining to the ICO.

This is how you do it:

1. Take a picture of the Optical Express spam text message as it appears on your phone.

2. Write to Optical Express Group Head Office (5 Deerdykes Road Westfield Industrial Estate Cumbernauld Glasgow G68 9HF. Email: enquiries@opticalexpress.com) asking them to investigate why you have received the text message. Include the photo of the message and state that you expect an explanation within 28 days, after which time you intend to take the matter up with ICO. Make a note of the date you sent it.

3. If you get no reply, or a reply you’re not happy with, visit this section of ICO website ico.org.uk/concerns/marketing/2/ which covers nuisance text messages. Let them know that you’ve received an unwanted text from Optical Express despite their receiving a formal warning from ICO. Also let them know that you have raised this personally with Optical Express, and not received a satisfactory reply, quoting the date you sent the letter.

4. That’s it. A single complaint could be enough for Optical Express to be held to account for their nuisance text messaging.

Was with a friend today who received yet another spam text from OE suggesting he may be the first winner of 2015 for free laser surgery. I have reported it to the ICO and forwarded it to 7726.

Hopefully OE will be prosecuted accordingly.

Photo of my office phone in the Daily Mail story
www.dailymail.co.uk/news/article-2899808...sands-customers.html

That text message was one of many after my conversation with Stacey in March '14

ico.org.uk/about-the-ico/news-and-events...sance-text-messages/