Wragge Lawrence Graham & Co

UK 200 2014 position: 28

Claim for cease and desist against sending unrequested ‘tell a friend’ recommendation emails via a recommendation function

Based on its judgment of 12 September 2013, the Federal Supreme Court has found that a claim for cease and desist can be asserted against the company that provides a so-called recommendation function at its webpage if recommendation emails are being sent via such a function without the addressee’s consent and if the company appears as the email sender.

A recommendation function is a function set up on a company’s website via which third parties can enter their own email addresses as well as additional email addresses (e.g. of relatives, friends and acquaintances).

The internet page then sends an automatically generated email to this additional email address; said email refers to the webpage of the company that can be accessed there. In this particular case, the defendant (i.e. the company that provided the recommendation function at its webpage) appeared as the sender when the email was received by the claimant. The recommendation emails do not contain any further content. The first two instances had dismissed the action…

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