Complaints

• Initial Complaint

  09/26/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I began hearing from ******* a program that is part of the ITA Group on June 1st. It congratulated me for being a part of program where I can do all kinds of cool things and get recognition. They referred to me by my legal name that I had not used and that was definitely not cool. I had no interest in the program. I asked them to stop contacting me. The unsubscribe in their emails doesn't work. It brings you to a page saying that you have been logged out because your session has expired. I never logged in. I have no interest in logging in. I want to unsubscribe which they are required by the CAN-SPAM act to have a working unsubscribe button which they do not. I am now getting contacted by Cooleaf for the third distinctly separate time in less than four months. They have excuses every time. They try to point fingers. They are an organization providing a service. It is up to them to have control over their process. I want the contact to completely stop. I do not want to hear excuses. They need a process that they have control over that allows people to request contact to cease.

  Business response

  09/26/2024

  ITA Group, through our technology powered by *******, supports employer groups by offering employee recognition, engagement and rewards platforms for their employees. ***** is a part of an employee program sponsored by his employer, ******. Eligibility for our client's programs is managed by them though the data they provide to us, either through direct integration with their human resource information systems or through secure file transfers. While ITA Group can delete an individual's account, if that individual again passes for eligibility, we activate the account. In ******* case, we received a complaint from him on 6/3 and notified him that while we could delete his account, that his employer would have to remove him from the eligibility we receive as well. We did notify his employer of this request as well. 

  Customer response

  10/17/2024

  Good evening ****,

   

  Please accept the following as my response including attachements:

   

  I appreciate ITA Groups response, but it fails to address the core issue regarding their responsibility under the CAN-SPAM Act. ***, through its Cooleaf platform, has repeatedly contacted me despite clear indications that I do not wish to participate. While *** may claim that ****** controls eligibility, ITA is ultimately responsible for the emails it sends under federal law.

  According to the CAN-SPAM Act, all commercial emails must include a working unsubscribe option, and it is the senders duty to honor opt-out requests promptly. However, **** unsubscribe feature does not work as required by law. When I click the unsubscribe link provided, it redirects me to a screen stating I have been logged out due to inactivity, rather than confirming my removal from future communications. This faulty unsubscribe feature fails to fulfill ITAs legal obligation to provide an operational opt-out mechanism.

  Additionally, it appears ITA reactivated my ******* account following a data update from ****** intended for another purpose. ****** provided ITA with a file that contained old and new IDs to facilitate the migration of account points, not to reinitiate accounts that had already opted out. **** choice to use this data to re-engage former account holders, knowing they had previously unsubscribed, demonstrates unethical behavior. The decision to reopen my accountdespite my prior requests for non-contactis a violation of privacy and illustrates ITAs disregard for my expressed wishes.

  *** has a corporate responsibility not only to abide by the CAN-SPAM Act but also to respect the privacy of individuals who have clearly opted out of communications. I am formally requesting that *** cease all contact with me. If ITA fails to do so, I will be forced to pursue legal action, including punitive damages, to protect my privacy and to set a precedent for the rights of others who may face similar issues.

  Please see the attached email showing the faulty unsubscribe link and a screenshot of the resulting error. It is **** obligation to ensure compliance with federal regulations and honor the individuals right to privacy by permanently discontinuing any unsolicited communications.

  Business response

  10/21/2024

  Thank you for your feedback. ITA Group takes its compliance obligations seriously. These messages, which are directed by your employer, are for the purpose of providing information directly related to an employment relationship. Accordingly, they are "transactional or relationship messages" and excluded from the definition of "commercial electronic mail message" under CAN-SPAM. Similar to messages an employee might receive from the employers payroll provider or benefits provider, for example. In response to your request for no further contact, ITA Group has taken action at the direction of your employer to remove you from this program, and your employer will reach out to you as well.

  Customer response

  10/22/2024

  Thank you for your response, but it overlooks several key points and the broader responsibility ITA Group has in this situation. While you claim these emails are "transactional or relationship messages" and therefore excluded under the CAN-SPAM Act, the actual nature of the communications and ITA's behavior contradicts this assertion.

  First, under the CAN-SPAM Act, messages that fall under the "transactional or relationship" category must strictly provide information necessary for a transaction or relationship related to employment, such as payroll updates or benefit changes. The emails I have received from ITA Group, however, are promoting ********* services, which are engagement programs not essential to my employment. Therefore, these emails qualify as commercial electronic mail messages under the Act.

  Second, the Act clearly stipulates that commercial emails must contain a functioning unsubscribe mechanism, regardless of the sender's assertion of the message type. The fact that ITA Groups unsubscribe button does not function properly, as demonstrated by the screen indicating inactivity after clicking the link, is a direct violation of this requirement. This malfunction alone places ITA in breach of the CAN-SPAM Act, regardless of whether the emails are classified as commercial or transactional.

  Lastly, the reactivation of my account after it was closedbased on a file migration unrelated to my interest or engagement in the Cooleaf platformdemonstrates a disregard for my expressed wishes. The fact that ITA knowingly used a migration file as an opportunity to reopen my account is unethical and inappropriate, particularly when I had clearly indicated my desire not to participate. While you now claim to have removed me from the program, it is clear that this should have been done from the beginning without repeated requests.

  I appreciate that you have now removed me from the program. However, I would advise a careful review of ITA Groups processes to ensure compliance with both legal obligations and the ethical standards expected of a company handling sensitive employee data. If I continue to receive unsolicited communications, I will be forced to pursue further action.

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