ASA Adjudication on Jean Patrique Cookware Ltd

Ad

A direct mailing for Jean-Patrique Professional Cookware.

Issue

The complainant challenged the database practices of Jean Patrique Cookware Ltd (JPC), because she received the mailing despite several previous assurances that her details had been suppressed.

CAP Code (Edition 11)

Response

JPC explained that the complainant had been added to their database following two purchases in 2003 and 2004 when their records showed that the customer had elected to receive information about future offers from JPC.

JPC said they processed all customer requests to be removed from their database within 24 hours and lists were updated monthly, so there could be a slight delay in any suppression request taking effect.  They were concerned, however, to hear that their customer had continued to receive marketing material after submitting requests to be removed from the JPC database and said they would investigate the matter internally.  JPC confirmed that the complainant's details had now been removed and no further marketing communications would be sent.

Assessment

Upheld

The ASA noted the complainant had made several attempts to have her details suppressed from the JPC database by contacting JPC directly.  We had also contacted JPC on several previous occasions on the complainants behalf and received a number of assurances that their records would be updated and no further marketing material would be sent to the complainants address.  Despite those repeated assurances, which we had communicated to the complainant, we were concerned that no action appeared to have been taken and she continued to receive direct marketing material from JPC.  We, therefore, appreciated the complainants disappointment and frustration that the issue had not been resolved.

We noted the Code stipulated that consumers had the right to have their personal information suppressed, that databases should be accurate and up-to-date and that marketing material should not be sent to consumers who had asked not to receive it.  We acknowledged JPC's comments, but in view of the fact that they had failed to comply with those provisions of the Code for this customer, we concluded that their marketing was in breach of the database practice clauses of the CAP Code.

The direct mailing breached CAP Code clauses 43.1, 43.2c, 43.2d and 43.9 (Database practices).

Action

We told JPC to ensure that marketing material was not sent to consumers who had asked not to receive it and to maintain an accurate and up-to-date database.

Adjudication of the ASA Council (Non-broadcast)