Microsoft Corpn v McDonald (trading as Bizads)

Subject Matter

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, regs 22, 30

[2007] Bus LR 548