Ad description
A direct mailing from a catalogue company, received in November 2011, was sent in a manila envelope marked with a black border. Large text on the front of the envelope stated, "FIXED PAYMENT NOTICE", smaller text below stated, "OPEN IMMEDIATELY ... IT'S GOOD NEWS", and small print in the bottom right hand corner of the envelope stated, "*Contains commercial material. See inside for details". The reverse of the envelope stated, "If you are eligible to claim a fixed payment of £70,000, you must register before 30th December 2011". Smaller print beneath this began "£70,000.00 PRIZE DRAW PROMOTION RULES" and contained the terms and conditions for the promotion.
Issue
The complainant challenged whether the direct mailing:
1. made clear that it contained marketing material, because they believed it had the appearance of a parking fine notification; and
2. was likely to cause undue fear or distress.
Response
Kingstown Associates Ltd (Kingstown) said they did not believe the promotion would cause undue fear and distress because it used a manila coloured envelope which was not the same colour as a parking fine notification, and the wording on the envelope was "FIXED PAYMENT NOTICE" rather than "Fixed Penalty Notice". Kingstown also said the envelope was marked "OPEN IMMEDIATELY ... IT'S GOOD NEWS", which the envelope would not have said if it were a fine or penalty. Kingstown believed the purpose of the mailing was made clear on the front and rear of the envelope, with the front of the envelope stating "OPEN IMMEDIATELY ... IT'S GOOD NEWS" and "Contains commercial material. See inside for details" and the statement "If you are eligible to claim a fixed payment of £70,000.00, you must register before 30 December 2011", and the promotion rules printed on the rear of the envelope. They said they had not received any complaints about the ad.
Assessment
Upheld
The ASA noted the direct mailing envelope was manila with a perforated black border. We considered the envelope was similar to envelopes used for official correspondence, and that the appearance of the envelope was similar enough to a parking fine notification to be confused with one by consumers.
We also noted the use of the phrase "FIXED PAYMENT NOTICE" on the front of the envelope, and that this was followed by the text, "OPEN IMMEDIATELY ... IT'S GOOD NEWS!*". We considered the phrase "FIXED PAYMENT NOTICE" was ambiguous, and that it could be read as implying the direct mailing contained information about a payment the recipient would have to make. We acknowledged the asterisk referred consumers to small print on the front of the envelope which stated, "Contains Commercial Information. See inside for details". We considered, however, that the use of the phrase "FIXED PAYMENT NOTICE" immediately above it, meant consumers might not read that less prominent text, and understand that the direct mailing was not a penalty notice.
We considered the references on the rear of the envelope to claiming a fixed payment and "£70,000.00 PRIZE DRAW PROMOTION RULES" indicated the direct mailing was promotional material, but that their location meant that consumers could have opened the envelope in response to the "FIXED PAYMENT NOTICE" text on the front of the envelope, and would not necessarily read text on the rear of the envelope. We also considered the text in relation to claiming a fixed payment of £70,000.00 could confuse rather than clarify to consumers the nature of the mailing.
We concluded the appearance of the direct mailing was not sufficient to make clear that it was not a penalty notice, but was promotional material, and that it could cause undue alarm and distress to some recipients.
The mailing breached CAP Code rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 2.1 2.1 Marketing communications must be obviously identifiable as such. (Recognition of marketing communications), and 4.2 4.2 Marketing communications must not cause fear or distress without justifiable reason; if it can be justified, the fear or distress should not be excessive. Marketers must not use a shocking claim or image merely to attract attention. (Harm and Offence).
Action
The mailing must not appear again in its current form.
