Targeting you direct marketing: the International Direct Marketing Fair

10 March 2005

Experts from both the Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP) were at the International Direct Marketing Fair 2005 to offer advice and guidance on how direct marketers can ensure their campaigns, both electronic and paper-based, comply with the CAP Code. The direct marketing rules in the Code cover the obtaining, compiling, processing and use of personal data for the purpose of marketing products or services through direct mail as well as the rules to follow when targeting consumers with e-mail and text messages.

Marketers were invited to pick up from our stand a handy check list full of tips and reminders that will help them avoid distributing poorly targeted material that could mislead or offend.  We’ve included those useful tips here so that if you did not attend you can still make good use of them.  For more information on the International Direct Marketing Fair please visit www.idmf.co.uk. 

Targeting your marketing: the Direct Marketing Checklist

Keep an eye on this check list as you plan your mailings.  These tips and reminders will help you avoid distributing poorly targeted material that could mislead or offend consumers and land you in trouble with the Advertising Standards Authority (ASA). 

1. Make sure your mailing list is accurate
Consumers can register with the Mailing Preference Service to avoid receiving unsolicited mailings. Your mailing list should reflect their wishes. An up-to-date database will help you avoid sending marketing material to the wrong people.   Some mailings might be suitable only for particular age groups. Take special care with products that could pose a risk to a child’s health or might be unsuitable in content.

2. Have you got a consumer’s explicit consent?
You must not send unsolicited marketing communications to consumers if their explicit consent is required. Personal data such as race, ethnicity, religious belief, criminal records and similar information must not be processed without permission.  Most marketing by fax, e-mail or SMS also requires explicit consent.  What’s more, you must ensure consumers have the means to ‘opt out’ from receiving more mailings from you.

3. How to collect information
When requesting information from consumers, you should tell them who you are, why you are collecting it and whether you will share it with other parties or put the information to a use significantly different from the original purpose (and you may well need their explicit permission). Also be aware that you shouldn’t keep personal information for longer than is necessary for the purpose for which it was obtained.

4. Does the consumer know how to contact you?
If you’re asking for payment up front, it’s essential you include the full company name and geographical address on the mailing and so that consumers can keep that information once they’ve placed an order.

5. A consumer’s right to cancel
Consumers have the right to cancel an order for up to 7 days after the delivery has been made.  You must make sure that consumers who return goods are made aware of who is responsible for the costs involved. The same rules apply to substitute products.

6. Can you deliver the goods?
Orders should be fulfilled in 30 days. If delivery is likely to take longer than that (for instance, some made-to-measure products might take longer), make sure that you tell consumers beforehand.

7. Know the rules for refunds?
You are obliged to refund consumers no later than 30 days after receiving notice of cancellation. Consumers may demand a refund if they have not received products or if they have received damaged or faulty goods (in which case you must bear the cost of transit in both directions). Also, they are entitled to a refund if they cancel within seven days of delivery. Even if they have returned your product and you have not received it, consumers must have their outlay refunded if they have proof of postage.

8. Have you identified yourself clearly?
It is crucial that any marketing communication you send out is designed and presented in a way that makes it clear it is marketing material. Consumers should neither be confused or misled into thinking correspondence is editorial or private communication nor find the nature of your mailing is obscure or disguised. Visit the AdviceOnline section at www.cap.org.uk to read ‘Recognising Marketing Communications & Identifying Marketers’ for more guidance.

9. Don’t make the wrong claims on your envelopes
If you are sending mail to consumers, your envelope must be carefully presented so that any advertising claims you make are not likely to be misinterpreted or mistaken for other forms of correspondence. The envelope should not seem to be social, official or private correspondence. Avoid phrases that could mislead consumers into believing they’ve won a prize or that could offend or distress recipients.

10. When in doubt
Consult the Copy Advice team on 020 7492 2100 if you have any questions about your direct marketing.  It offers fast, free and confidential expert advice to help you to achieve your aims and adhere to the Code.