ASA Adjudication on Joe Browns Ltd

Ad

A direct mailing by Joe Browns Ltd, a mail order clothing company, 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 December 2007 from Joe Browns that her details had been removed from their mailing list, objected because she received yet another mailing in March 2009.

CAP Code (Edition 11)

Response

Joe Browns sent a response from Response One, who supplied recipients' contact details on behalf of La Redoute.  It said that, according to their records, the recipient's request not to receive more mailings had not been flagged and that, therefore, she was still listed on their database.  They undertook to amend their details so that her request was noted for the future.  Joe Browns apologised and acknowledged that had meant the recipient had still received mailings even though she had asked not to.  They believed their action now demonstrated theirs and their data supplier's conviction to ensure they respected the MPS listing.

Assessment

Upheld

The ASA noted that Joe Browns had previously assured the ASA that the recipient's details had been removed from their database and we were concerned that, more than a year later, she was still receiving mailings.  We welcomed Joe Browns's assurance now that the complainant would receive no more mailings from them.  We reminded Joe Browns 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.  

The ad breached CAP Code clause 43.13 (Database practice).

Action

We told Joe Browns 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)