The Business Law Reports
[2007] Bus LR 548
Chancery Division
Microsoft Corpn
v
McDonald (trading as Bizads)
[2006] EWHC 3410 (Ch)
2006 Dec 12
Lewison J
Marketing
— Electronic communications
— Unsolicited transmission of
— Statutory requirement that addressee give consent before being sent marketing e-mails
— Defendant offering lists of e-mail addresses for sale incorrectly representing addressees consenting
— Claimant e-mail provider bringing action
— Whether claimant within class of persons for whose benefit consent requirement imposed
— Whether entitled to injunction preventing further breaches of requirement
— Whether defendant “instigating” purchasers of lists of addresses to transmit unsolicited marketing communications
—
Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426), regs 22, 30