From jmartinez@truste.org Thu Mar 21 10:09:38 2002 Return-Path: Delivered-To: hf2u82htehkzqi82tkp1@guynes.net Received: from truste.org (truste.org [128.121.125.174]) by llama.guynes.net (Postfix) with ESMTP id 13E6241C178 for ; Thu, 21 Mar 2002 10:09:38 -0600 (CST) Received: from TRUSTeM66 (krishna.truste.org [209.172.68.216]) by truste.org (8.11.6) id g2LH4hx20886 for ; Thu, 21 Mar 2002 09:04:43 -0800 (PST) From: "Jose A Martinez" To: Subject: FW: TRUSTe Watchdog #7840 Date: Thu, 21 Mar 2002 09:04:43 -0800 Message-ID: MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 7bit X-Priority: 3 (Normal) X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook IMO, Build 9.0.2416 (9.0.2910.0) Importance: Normal X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2600.0000 Status: RO Content-Length: 7149 Dear Mr. Guynes, Ebay responded to your complaint has purposed the following resolution below. Please review it and reply to me if you would like to proceed. Please reply within 10 business days. Thank you, Jose A. Martinez ________________________________________________________ Jose A. Martinez Compliance Analyst jmartinez@truste.org TRUSTe 1180 Coleman Avenue, Suite 202 San Jose, CA. 95110 -----Original Message----- Monday, March 18, 2002 4:04 PM Hi Jose, This member was unregistered from eBay over two years ago, before our new automatic process. While his records are inactive, we still have his information for administrative purposes. We do not, however, send any marketing email to him and his account only receives administrative email such as privacy policy or account changes. We would be happy to completely terminate his account. In order to fully remove this user using our new termination tool, we will have to reinstate the account (for which he will receive one administrative email) and then terminate the account (for which he will receive two more administrative emails). If the user would like us to do this, please let us know. If not, he will continue to receive administrative emails. Thank you, Stephanie Roach -----Original Message----- From: William Guynes [mailto:hf2u82htehkzqi82tkp1@guynes.net] Sent: Saturday, March 09, 2002 10:13 PM To: watchdog@truste.org Subject: TRUSTe Watchdog #7840 Diagnostic and bugtracking data: X-IP: 216.231.37.55 X-REMOTE: X-HTTP: Opera/6.0 (Windows 2000; U) [en] Waivers: OK to pass data on to the organization: YES OK to have the organization contact them directly: YES Name : William Guynes URL : http://www.ebay.com/ Organization: eBay Inc. Email : hf2u82htehkzqi82tkp1@guynes.net --- Start of Description --- Description: I have tried for 3 years to get off their mailing lists. I have been "unregistered", "deactivated", and "removed". I have declined to accept their privacy policy. I have set Preference Settings to NO. Yet, still I receive email from them. See http://www.guynes.net/ebay/ for a full chronology of events. It's an AMAZING read. Comments: Deletion (not suppression) of all user information. --- End of Description --- How do I get out? I was a customer of eBay. I had all marketing preferences unchecked. This is how they were set. I had just verified these settings the day before this all began. October 7, 1999 SPAMMED by eBay[NL][NL]ccsurvey.com (a.k.a. customercast.com) emails a product survey, apparently on behalf of eBay.com. I email eBay at privacy@ebay.com asking why my preference settings weren't followed.[NL][NL]No response is received. I now verify my preference settings. I archive them here. I telephone customercast.com at phone number (650) 390-9001 which is listed on their pages at http://www.customercast.com/public/about/index1.htm. This was to discover if eBay had sanctioned this mailing and/or if customercast was aware they had violated my preference settings with eBay.[NL]After a brief discussion with the operator, I was connected to Roger Jensen, who was very polite. This discussion ensues.[NL][NL]Despite Roger's promises, no further contact has been received from customercast.com. October 11, 1999 I send a second email to eBay at privacy@ebay.com asking why my preference settings weren't followed.[NL][NL]No response is received. October 22, 1999 I send a third email to eBay at privacy@ebay.com asking why my preference settings weren't followed.[NL][NL]No response is received. I send an email to decline@ebay.com refusing to honor their new user agreement. October 25, 1999 A form letter reply explaining how to opt out of future mailings. Apparently in response to one of the three previous privacy@ebay.com complaints.[NL][NL]Completely ignores the fact that my preference settings already specified my preferences.[NL]Also completely ignores the fact that I have refused to honor their new User Agreement. A reply to decline@ebay.com email of October 22, in which I refuse to abide by their new User Agreement.[PARA]Clearly states: Your account has been unregistered per your request. Yet another confirmation of decline@ebay.com email. [PARA]Clearly states: Per your request, your eBay account has been deactivated November 8, 1999 Finally! A human being reply to one of the three original complaints to privacy@ebay.com.[NL][NL]Note: This took more than a month from the first complaint.[NL][NL]This employee assumes I'm incompetent, and that I don't understand how to read simple instructions.[PARA]His words are: For some reason you were not filtered out. Maybe when you registered, you did not specify that you did NOT wish to receive surveys, and the default setting is to receive them. [NL]I am quite aware of what I had opted out of, thank you.[PARA]Also says: eBay has hired a company called CustomerCast to handle these evaluations. [NL]This confirms that CustomerCast was not just a fly-by-night spammer harvesting eBay account addresses. March 31, 2001 SPAMMED by eBay[NL][NL]Privacy Policy change[NL][NL]Not only does have I already declined their User Agreement, and subsequently been told I'm no longer allowed to use eBay, but this again violates my preference settings at the start of all this. They explicitly stated not to contact me for privacy policy changes. April 3, 2001 My complaint to privacy policy change spam.[NL][NL]Hasn't my account previously been both unregistered and deactivated? April 4, 2001 The reply to April 3 complaint.[PARA]He says: Thank you for your email. Your name and email address have been removed from the system. [NL]Oh. I'm good to go, now, right?[NL]I've been "unregistered", "deactivated", and "removed". December 2, 2001 SPAMMED by eBay[NL][NL]Evidently, my account has NOT been disabled, because someone is poking eBay's webserver, pretending to be me asking for my password. Which I must have forgotten, right? Good Lord.[NL][NL]Here's the "I forgot my password, please send it to me" email. March 9, 2002 SPAMMED by eBay[NL][NL]Yet again. I must've forgotten my password. My 4th complaint to privacy@ebay.com. 2nd TrustE complaint filed.[NL][NL]Unfortunately, I have no record of the time/date of the first time I did this. TrustE provides no records. Standard auto-ack to my complaint to privacy@ebay.com on this date. March 13, 2002 TrustE responds to complaint dated March 9, 2002.[NL][NL]They want a copy of the spam. Which of the 4 should I give them?[NL]My original submission included a link to these webpages. My response to TrustE.[NL][NL]I need to demonstrate the entire history of this ordeal in order to put it in perspective, therefore I point them to these webpages. If I just give them the latest spam, they'll reply "you've been removed" but the process flaws that are causing these problems will not get fixed.[NL][NL]At this point "you've been removed" is no longer an acceptable answer. What must one do in order to no longer be a customer of eBay?