A Scottish court has awarded £750 plus expenses (a total of £864) to an individual against Internet service provider Transcom Internet Services Ltd (“Transcom”). Gordon Dick brought his claim at an Edinburgh Sheriff Court under the Privacy and Electronic Communications Regulations 2003 and the Data Protection Act 1998 after Transcom had sent him an unsolicited advertising email. The parties reached an out-of-court settlement for damages and expenses to be paid to Mr Dick, which has subsequently been ratified by the court.
This is understood to be the first Scottish case and the second in the UK where an individual has received such a damages award. In the first case, Nigel Roberts reached an out-of-court settlement with Media Logistics (UK) Ltd in December 2005 after he had brought a small claim in the Colchester County Court.
Mr Dick has also set up www.scotchspam.com in order to give assistance to other internet users who wish to bring claims against spammers.