ASA Adjudication on Easyshelf Ltd
Easyshelf Ltd t/a
Easycold Refrigeration
205-207 Lea Bridge Road
London
E10 7PN
Date:
11 November 2009
Media:
E-mail
Sector:
Household
Number of complaints:
1
Complaint Ref:
102119
Ad
E-mails for Easycold Refrigeration (Easycold).
Issue
1. The recipient objected to receiving the e-mails, despite Easycold providing the ASA with an assurance that she had been removed from their mailing list.
2. The recipient also challenged whether the e-mail breached the Code, because it did not provide a means of unsubscribing.
CAP Code (Edition 11)
Response
1. Easycold said they advised their IT personnel to remove the complainant's details from their e-mail list in July but, if she was still receiving e-mails, they would forward the information on again to rectify the error. They apologised for the mistake.
2. Easycold did not respond to this point of the complaint.
Assessment
1. Upheld
The ASA noted Easycold had previously assured the ASA that the recipient's details had been removed from their database and we were concerned that she was still receiving e-mails. We reminded Easycold of the importance of ensuring that personal information of consumers, who had asked not to receive e-mails, was suppressed from their mailing lists. Because Easycold failed to remove the complainant's details from their database, we concluded that they breached the Code.
On this point, the e-mail breached CAP Code clause 43.13 (Database practice).
2. Upheld
We noted Easycold's failure to respond to this point. We reminded them that the CAP Code required marketers to ensure that they offered consumers a simple means to opt-out of future marketing on each occasion they sent out marketing communications by e-mail. Because Easycold did not offer such an option, we concluded the e-mail was in breach of the Code.
On this point, the e-mail breached CAP Code clause 43.4c (Database practice).
Action
We told Easycold to ensure their mailing list was accurate and up-to-date and to take steps to ensure e-mails were not sent to recipients who had asked not to receive them. We also told them to ensure that they offered consumers a means to opt-out of future marketing on each occasion they sent out marketing communications by e-mail.
Adjudication of the ASA Council (Non-broadcast)
