Direct Marketing
One of the difficulties of planning a marketing campaign is making sure that your ad is actually seen by the consumers that you are targeting. For this reason advertisers are fond of using direct marketing techniques to hit their audience. Direct marketing enables the advertiser to better tailor their ads to the people that they targeting. It should therefore mean that they get a better response to their marketing message.
Perhaps the most popular from of direct marketing are mailings, which are sometimes unfairly labelled "junk mail". However, with the growth of the mobile phone market and with internet use becoming more widespread, advertisers are increasingly using these media to target consumers. Strict rules are in place about how advertisers use the information that they hold on you (your data) and how they can target you by these media. The CAP Code contains specific database practice guidelines which are contained in the direct marketing rules section. The rules complement the data protection legislation that is in place in the UK; further information on the legislation is available from the Office of the Information Commissioner.
Mailings are also required to adhere to the general rules in the CAP Code.
SPECIFIC RULES FOR DM:
* Consumers should be informed at the time when personal information is collected:o who is collecting ito why it is being collectedo if it is to be disclosed to third parties
* explicit consent of consumers is needed before they are contacted by fax, e-mail or via their mobile phones
* if after data is collected, it is decided that it will be used for a purpose significantly different from that originally stated, marketers must get explicit consent to do so from consumers
* consumers can have their details suppressed. (put in link here to dma site)
* if asked in writing marketers must give consumers details of any information that is held on them, including the source of their personal details.
COMPLAINTS
RIAS plc (July 2006)
Mailing for car insurance stated "We recently supplied you with a quote for your home insurance. At that time, you told us that your car insurance was due for renewal in May ...". The mailing was sent to the complainant's deceased father. The advertisers had explained that the complainant's father had given them information about his motor insurance renewal when he obtained a quote for home insurance in August 1998. We considered that the claim "we recently supplied you with a quote" inferred that the advertisers had been contact more recently than 1998. We concluded that the mailing was misleading. We were also concerned that the advertisers were using out-of-date data.
WOW! Creative Services (April 2006)
Three complaints were received about three mailings sent by this creative design company. The mailings were addressed to named recipients at business addresses. Both the envelopes and the contents appeared to be handwritten, with a first class stamp on the envelopes. The mailings stated: 1. "Dear XXX I'm sorry to be so forward but I've been watching you for a while and I think it's about time that I let my feelings be known. I don't know if you've noticed me as I'm a little shy, but I think you're amazing. Keep an eye open and I'll make myself known soon ... With love ? your secret admirer xxx2. To my sweet XXX it's me again - do you know who it is yet? I'm still a bit too shy to reveal myself in case you don't fell the same way ... I don't know if you're with someone at the moment! I just know we'd be so good together. We could really make things happen. It's Valentine's day soon - maybe I should let you know who I am then. Thinking of you ? your secret admirer xxx"3. My dearest XXX Well it'll be Valentines day by the time you receive this. I'm sure you've been inundated with cards from admirers ... but do you reckon they can love you the way that I can? What about the one you're with now? Are they treating you properly? I hope so, you deserve the best after all. Why don't we meet up? You can finally get to see what I look like! I know a place where we can go ... it's OK, it's quite safe! Meet me at www.secretrendevous.info Can't wait to see you Love & kisses ? xxx" The complainants found the mailings distressing and irresponsible because they did not make clear the identity of the sender, or that they were marketing communications. The advertisers pointed out that the envelopes were addressed with a printed label in a handwritten font. We considered that the handwritten font combined with the first class stamp and the fact that the mailing did not contain the advertisers' logo or identity, would lead recipients to believe that they had received personal correspondence rather than advertising material. We considered that the tone of the mailing could cause distress and concluded that the mailing was irresponsible. The advertisers were told not to repeat the approach.
Future Publishing (March 2006)
A magazine subscription renewal mailing prompted a complaint to the ASA. The envelope featured the advertisers' logo and the text "Manage your subscription online at www.myfavouritemagazines.co.uk" on the front. Inside, the mailing was headed "URGENT: RENEWAL NOTICE". A tear-off strip at the bottom of the page stated "PAYMENT DUE ... FAILURE TO PAY WILL RESULT IN YOU MISSING ISSUES OF YOUR MAGAZINE". The complainant found the presentation of the mailing misleading. The advertisers explained that the mailing formed number three in a series of four reminders that were sent to subscribers when they were nearing the end of their subscription period. We considered that because it had been preceded by two earlier reminder mailings, recipients would not be surprised by the tone of the mailing and we did not consider that it would mislead them into thinking that they had to make a payment.
London Safety Camera Partnership t/a For My Girlfriend (April 2005)
This mailing for a road safety campaign, took the form of a Valentine card, which arrived in an envelope marked "for my Valentine ..." in a handwritten type face. The same wording appeared on the front of the card beneath a picture of a large red rose. Inside the card it stated "I'm sorry. I didn't mean to kill you. I was driving too fast. I really miss you x". The ASA received 28 complaints from people who found the mailing distressing, upsetting and offensive. The advertisers explained their aim was to prevent death and serious injury and believed this approach would an impact on their target group of 17-to 24-year -olds. They explained that they had first used the mailing in 2004. We noted the envelope had a printed address and Royal Mail postage paid stamp so considered that recipients were unlikely to infer that it contained personal correspondence. We noted that the card did not feature distressing images such as people who had been killed or injured in an accident and therefore concluded that given its aim, the approach would not cause serious or widespread offence or undue distress.
Redcats (Brands) Ltd t/a Empire Stores (July 2005)
We received 18 complaints about this mailing which stated "Congratulations XXX you have been individually selected to receive a special FREE gift ... To find out which gift is yours, simply match your unique 6-digit claim number ... with the award numbers ...". On another page, the mailing featured photographs of various items under the headings "Premium gifts" and "Standard gifts". Under the heading "Premium gifts" were printed six claim numbers and a photograph of a camera, camcorder and hotbrush. The same number that was included at the start of the mailing was circled and an arrow pointed to the camcorder. The complainants , who had also sent off their order and received a pen and pencil set, believed the mailing misleadingly implied that respondents would get the camcorder as their free gift. We agreed with the complainants that the presentation of the mailing, particularly the circled claim number with the arrow pointing to a picture of the camcorder, misleadingly implied respondents were guaranteed to receive a camcorder. The advertisers were told not to repeat the approach.