Did I ask for that?

As advertisers look for new methods to attract people’s attention, they are using ever more personal means of communication, such as advertising sent via e-mail and mobile phones, to reach their audience. However, the Committee of Advertising Practice (CAP) is keen to ensure that only those wanting to get advertising via these media receive it. Hence, advertisers must have customers’ explicit consent before they send them advertising by e-mail or via their mobile phones.

Mr Smith [not his real name] was surprised to receive an e-mail from moviechoices.com as he knew he had never given them permission to contact him. He was also concerned that the e-mail did not give him the opportunity to opt out of receiving further e-mails from the advertisers. It transpired that Mr Smith’s details had been sold to moviechoice.com’s owners – Home Entertainment Corporation by a company to whom he had given his e-mail address for marketing purposes, which had gone into liquidation.

The direct marketing rules state that explicit consent must also be received if consumers’ details are to be sold on to a third-party. On each occasion that advertising is sent out via mobile phone or e-mail, the recipient must be given the opportunity to opt-out of receiving further marketing communications.

In Mr Smith’s case, Home Entertainment Corporation could not prove that he had given his express consent to receiving advertising from a third party. Though they had argued that they believed consent had been given, the ASA told them that they had to be certain of this consent before sending out advertising. They were also reminded that they need to ensure that an “unsubscribe” option appeared on all e-mails.