Complaints | The perils of predictive emailing

Type in the first one of two letters of an email address and bingo, up it pops. Businesses save time and money using this tool, and we have got very used to the convenience. However, one error of judgment or a slip on the keyboard and it could be a whole different story. Welcome to the pitfalls of predictive emailing; it can get ugly.

The level of ugliness however can vary wildly depending on the nature of the content being sent and that of the party receiving it. While you might just end up inviting the wrong person to dinner, you could find yourself in a situation where you have sent out privileged information relating to a sensitive claim to members of the press. Ouch.

In this scenario, the firm sent a fairly innocuous document to a vexatious litigant in person by mistake. Unfortunately, the document also happened to contain the client’s home telephone number. In this event, you must notify your client immediately and a swift apology is a must. Generally it depends on the nature of the incident as to whether any further compensation or remedial action may be due. The client will probably want to change their telephone number. Is this something you will be willing to pay for?

Alternatively, your firm could offer to arrange this for them (particularly if you have a preferential rate with a telecoms company) or you may need to consider reducing your bill to compensate. A bouquet of flowers or some other gift to apologise might also placate the client. You would of course also need to consider whether this is an issue that requires reporting to the data information commissioner under the Data Protection Act 1998.

Options for remedies not only include fixing the specific problem but also improving the aspect of service that led to the problem.

Clearly you will need to consider whether it is necessary to remove the predictive emailing function from your outlook. Other solutions might involve an alert before the email is sent to ensure fee earners check the address or some form of time delay. Consult with staff to fully understand the practical implications. In making this particular decision you would need to weigh up various factors including the time and cost saving benefits of predictive emailing, the nature of the work and clients on a departmental and firm level and the risks both of likely reoccurrence and impact.

Will different departments be dependent upon the sensitivity of their client base, will their client’s specific requirements need different approaches or will you adopt the same policy across the whole firm? Whatever is decided needs to be communicated and the importance of checking the address before clicking the send button stressed.