Ad description

A direct mailing for a bank was sent in a plain brown envelope. On the reverse it had text stating "Marketing Materials Enclosed. Return address: Capital One [address]".

Issue

The complainant challenged whether the mailing was clearly identifiable as a marketing communication.

Response

Capital One Bank (Europe) plc said that because the only wording on the envelope was "Marketing Materials Enclosed", their name and return address, and there was nothing else on the envelope which detracted from or contradicted that message, they believed the direct mail communication, as a whole, was clearly identifiable as being marketing material as required by rule 2.1 of the Code. In addition, they believed it complied with the CAP guidance which stated "consumers should be able to tell from the envelope itself that it is a marketing communication".

Capital One Bank provided examples of envelopes from their competitors containing marketing communications and made representations comparing those envelopes and the one in their direct mailing.

Assessment

Not upheld

The ASA understood that the complainant was concerned that the writing "Marketing Materials Enclosed" was in small text and appeared only on the flap on the back of the envelope. We also understood that he was concerned the mailing appeared to imitate an official piece of correspondence. We noted the envelope was brown and considered that, in the absence of clarification, that could have given the impression that the mailing was from an official source. However, we considered it was clear from the writing on the reverse of the envelope, which was legible and unlikely to be overlooked given there was no other text or images on the envelope, that it contained marketing materials from Capital One Bank. We therefore concluded that the ad had not breached the Code, because it was clearly identifiable as a marketing communication.

We investigated the ad under CAP Code (Edition 12) rule  2.1 2.1 Marketing communications must be obviously identifiable as such.  (Recognition of marketing communications), but did not find it in breach.

Action

No further action necessary.

CAP Code (Edition 12)

2.1    


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