White Worms In My Cat

For the first time punishes companies for sending SPAM

Business School SAC must pay a fine of five ITU to send emails to users who requested it and to alter message content to avoid blockages.

The Committee on Consumer Protection Indecopi imposed the first sanctions resolution to a company for sending unsolicited commercial advertising (SPAM) to a user of Peru, the first sitting and administrative precedent on the matter Peru.

The case in question has its origin from a customer complaint against Peruvian Business School SAC, a company that had sent for several months of 2007 unsolicited emails (SPAM) to the complainant. Such emails breaching with the requirements of law to be regarded as lawful, in accordance with the provisions of Law N º 28493 - Antispam Law Peruana.

Among the violations committed by the company is that of sending messages with sender names exist and that they had submitted technical manipulations in the subject field and message body in order to prevent blockage by antispam filters, all prohibited by the Act.

Thus, after more than 2 ½ years of legal battle, by Resolution No. 0774-2009/SC "-INDECOPI dated June 17, 2009, was determined to punish the alleged School of Business SAC with a fine up to 5 UITs, in consideration of the following criteria:

The observance of Article 41 of Law Consumer Protection Peruana, which provides that, upon application and set the penalty, the Commission should address the seriousness of the misconduct, the harm resulting from the infringement, the profits made by the supplier, the offender's conduct during the procedure,

that could cause effects on the market and other criteria consider adopting the committee.

In this respect, respect of damage resulting to the consumer, the Commission found that the infringement committed by School Company SAC resulted in the complainant has invested their time to determine if the mail was of interest, generating not only discomfort but also the cost of Internet access service.

On the other hand, about the harm to the market, the Commission states that accept conduct by SA BUSINESS SCHOOL meant that providers who use electronic services do not take into account the provisions of the rules governing the matter, so it is necessary to impose a penalty, to strengthen the consumer sector referred to the advertising themes.
In 2009, the value of the ICU amounted to 3,550.00 nuevos soles.

Source: Trade