China: After the man returned to T to cancel the subscription and still received a spam text message


According to the announcement of the Ouhai District People's Court of Wenzhou City, on February 25, 2022, the Ouhai District Court of Wenzhou City ruled a lawsuit caused by a business marketing text message. Mr. Wang, a citizen of Wenzhou, sued a certain food company in Wenzhou (hereinafter referred to as the food company) for infringement of marketing text messages.


On April 11, 2020, Mr. Wang received a marketing text message from the food company on his mobile phone, so he called the business and asked not to send similar text messages again. But on April 9th ​​and 10th, 2021, Mr. Wang's mobile phone received a marketing text message from the food company for two consecutive days. Mr. Wang replied "T" to unsubscribe according to the prompt of the short message.


On June 12 and September 18, Mr. Wang's mobile phone received a promotional text message from the same food company. After calling, the merchant said that it was sent by a third party.


Therefore, Mr. Wang chose to sue and asked the defendant company to pay 0.1 yuan for unsubscribing text messages, double compensation for SMS unsubscribing losses of 499.8 yuan, 5 yuan for mental damage, and 4,500 yuan for transportation, lost work, and printing costs.


The Ouhai court found that the defendant's food company repeatedly sent advertising information to the plaintiff Mr. Wang without consent, which constituted an act of intrusion into the peace of life of others. The final judgment was that the defendant's food company apologized in writing to Mr. Wang and paid the short message cancellation fee of 0.1 yuan and other reasonable expenses of 9.9 yuan.


In accordance with the "Advertising Law of the People's Republic of China", no unit or individual may send advertisements to them by means of electronic information without the consent or request of the party concerned which Provides a way to refuse to continue receiving.

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