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.
Marketers have a responsibility to ensure they do not send marcoms to those who have asked not to receive them (The Cross Sports Bar, 25 May 2011; First National Home Finance Ltd, 17 March 2004, and The Boots Company plc, 19 September 2001). One of the ways they can do that is by running their databases against the relevant suppression file.
The DMA runs the Mailing Preference Service (MPS) and the Telephone Preference Service Limited runs the Telephone Preference Service (TPS), the Corporate Telephone Preference Service (CTPS) and the Fax Preference Service (FPS) under contract from Ofcom. The preference services hold the names of individuals who have registered with them as not wanting to receive direct commercial mail, fax or telephone calls. Consumers can register with the relevant preference service and marketers should ensure that they do not send marcoms to those who have asked not to receive them (Rules 10.4.4 and 10.5). The DMA operates a Baby MPS, which allows parents who have lost a baby (either through miscarriage or in the first weeks of life) to register their wish not to receive baby-related mailings.
Consumers may ask marketers directly to have their data suppressed. On receipt of an opt-out request, marketers should suppress the relevant personal data as soon as practically possible (Jean Patrique Cookware Ltd, 15 October 2008) but hold enough information to ensure that, if they receive the same consumer’s data from a third party in the future, they do not contact that consumer again. Marketers should ensure that their databases (including suppression lists) are accurate and kept up-to-date (Rule 10.4.5).
When they are informed that a consumer has passed away, marketers should suppress the data on their file and refer the notifier to the relevant preference service (Rule 10.4.3). Marketers who do not do so might breach the database rules and distress the deceased’s relatives.
If a marketer has to offer one, an unsubscribe (opt-out) mechanism should be clear and simple to use. We understand that the Information Commissioner’s Office (ICO) considers it unacceptable to ask subscribers to call a separate number to request suppression of their data.
Last modified : 03 November 2011