Mailings, email, phone/fax and messaging

Ads sent and received by post, email and SMS are often sent in bulk to a database of addresses and phone numbers. Ads sent and received by these methods are covered by our rules and should not mislead, harm or offend.

They should also be carefully targeted to prevent vulnerable groups, such as children, seeing inappropriate content.

There are also important rules advertisers should be aware of when sending out ads by post, email and SMS surrounding database practice.

The advertising rules on database practice broadly reflect relevant data protection law but do not replace it. Both the advertising rules and the relevant legislation should be adhered to in conjunction with each other.

The relevant legislation advertisers need to take note of when using databases for direct marketing purposes include the Data Protection Act 1998 and the Privacy and Electronic Communications Regulations 2003. Guidance for these laws is available from the Information Commissioner’s Office.

For the purposes of the advertising rules, database practice concerns the buying, selling, renting, use and administration of databases for direct marketing purposes. These databases typically store contact or other information about individual consumers or businesses.

Consumers should always be informed who is collecting their data, why it is being collected and what it is going to be used for. They should also be told in advance if their data is going to be disclosed to third parties or be put to a significantly different use than what they initially agreed to, and they should have the opportunity to opt-in or opt-out of this. Furthermore, they should also be offered the opportunity to opt-in or opt-out of marketing communications from the company collecting the data.

In summary, the rules for database practice relate to the need to obtain consent from the consumer, respecting the rights of the consumer to not be contacted if they have so indicated, and respecting the rights of the consumer to not be exposed to additional marketing communications that they do not want to see. The rules also outline the rights of individuals to privacy and to have their data suppressed on request.

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Latest rulings

Source Ltd
- Upheld
- Direct mail
- 07 February 2018
A direct mailing for Source Ltd, which promoted the Meristem Dietary Supplement, received on 14 August 2017, described, over 18 pages, the product’s ability to “replace and renew every cell in the human body, completely rejuvenating it … effectively rejuvenate your 11 vital systems, restore your youth and recover perfe...
Top Travel UK Ltd t/a Flywhizz
- Upheld
- E-mail
- 31 January 2018
An email for a travel operator, Flywhizz, dated 24 October 2017, included text at the top of the email which stated “From British Airways”. Various airlines were listed in the body of the email, including British Airways.
Groupon Goods Global GmbH
- Upheld
- E-mail
- 24 January 2018
A product page on www.groupon.co.uk, promoting an offer on toilet rolls, seen on 5 October 2017 featured text that stated, “60x Rolls of Cusheen Quilted Lavender Toilet Paper Difference 64% £33.31 [strikethrough price] £11.99 …”.
MyCityDeal Ltd t/a Groupon
- Upheld
- E-mail
- 03 January 2018
Three emails for Groupon:a. The first email, seen on 21 September 2017, included the text “Fitbit Smart Fitness Watch £44.99 £39.97 View Deal”. The price £44.99 was crossed out. The deal page linked to from the ad included the text “Fitbit Smart Watch With Free Delivery From £86.99”.b. The second email, seen on 22 Sept...

View all rulings

Mailings, email, phone/fax and messaging

Ads sent and received by post, email and SMS are often sent in bulk to a database of addresses and phone numbers. Ads sent and received by these methods are covered by our rules and should not mislead, harm or offend.

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