ASA Adjudication on The Ridings

Ad

A direct mailing by The Ridings, a betting tipster service, was sent by post in an envelope addressed to the recipient.

Issue

The recipient, who was registered with the Mailing Preference Service (MPS) and who had received an assurance in January 2008 from The Ridings that his details had been removed from their mailing list, objected that he was still receiving mailings in June 2008.

CAP Code (Edition 11)

Response

The Ridings sent written confirmation that the recipient had now been removed from their database.

Assessment

Upheld

The ASA noted that The Ridings had previously given an assurance both to the ASA and the complainant that his details had been removed from their mailing list and we were concerned that he was still receiving mailings some months later.  We welcomed The Ridings's further assurance now that the complainant would receive no more mailings from them.  We reminded The Ridings of the importance of ensuring that consumers who were registered with the MPS or who had asked not to receive mailings had been suppressed from their mailing lists.  We concluded that the ad breached CAP Code clause 43.13 (Database practice).

Action

The ad must not appear again in its current form.  We told The Ridings to ensure their mailing list was accurate and up-to-date; that it was screened against the MPS suppression file and that they had taken steps to ensure mailings were not sent to recipients who had asked not to receive them.

Adjudication of the ASA Council (Non-broadcast)