Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.

Private correspondence, including correspondence between organisations and their customers about existing relationships or past purchases, are excluded from the scope of the Code.

This exclusion applies to material like bills, account statements or information about products already purchased sent to existing customers, including those sent electronically, provided that the communication is not soliciting new business or advertising new products or services.

Bespoke correspondence sent to only one consumer in response to their specific query is also likely to be considered outside of the scope of the Code.

However, if the communication is standard (rather than bespoke) and sent to a number of recipients and the content encourages recipients to subscribe to or buy a different product or service, or take up a promotional offer, it is likely that the Code would apply to the material even if it was received as part of, or in conjunction with, a bill or account statement.

See also ‘Remit: General

Updated 5 December 2016

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