The OPTA has for the concerns of different spammers against a fine of 660.000 euros largely dismissed. Would inadequately researched, or the option to unsubscribe from the spam messages, or not worked.
At the beginning of this year, the OPTA a penalty of a total of 660.000 euros on Digital Magazines BV, Riviera real Estate BV and two natural persons for the sending of about 400 million spam messages. It was one of the largest spamzaken in the Netherlands. The parties made a subsequent object, in which they include challenging the decisions carelessly were taken, one of the parties was wrongfully designated as the responsible party and it is unclear how many complaints the went.
Furthermore, the fines are disproportionate having regard to the number of sent mails, the number of complaints is not large, and there would be no question of public nuisance. Finally, there is indeed a valid option to unsubscribe to the messages, have stood, while the OPTA stated that this not always worked well.
The OPTA explains only this last objection is well founded. Apart from a bug the organization has not produced sufficient evidence that the recipients could not sign-out. The total deduction amount is therefore reduced from 660.000 to 600,000 euros. The organization wipes the other objections of the table. “In the determination of the severity, the board in imposing a fine contemplated that the number of 64 million by Mail Garage sent messages if a large number was considered. After review, considers that the college has this number as a very large number”, according to the OPTA for example, in his conclusion.