Direct Marketing Checklist
Keep an eye on this check list as you plan your mailings - these tips and reminders will help you avoid distributing poorly targeted material that could mislead or offend consumers and land you in trouble with the Advertising Standards Authority (ASA).
1. Make sure your mailing list is accurate
Consumers can register with the Mailing Preference Service in order to avoid receiving unsolicited communications. Your mailing list should reflect this. An up-to-date database will help you avoid sending marketing material to the wrong people. Some mailings may only be suitable for particular age groups. Take particular care with products that could pose a risk to a child’s health or which might be unsuitable in content.
2. Have you got a consumer’s explicit consent?
You must not send unsolicited marketing communications to consumers if their explicit consent is required. Personal data such as race, ethnicity, religious belief, criminal records and similar details cannot be processed without permission. Most marketing by fax, email or SMS also requires explicit consent. What’s more, you must ensure consumers have the means to ’opt out’ from receiving additional marketing from you.
3. How to collect information
When requesting information from consumers you should tell them who you are, why you are collecting it and whether you will share it with other parties or put the information to a use significantly different to the original purpose (and you may need their explicit permission). Also be aware that you shouldn’t keep personal information for longer than is necessary for the purpose for which it was obtained.
4. Does the consumer know how to contact you?
If you’re asking for payment up front, it’s essential you include the full company name and geographical address on the mailing and that consumers can keep this information once they’ve placed an order.
5. A consumer’s right to cancel
Consumers have the right to cancel an order for up to 7 days after the delivery has been made. You must make sure that consumers who do return goods are made aware of who is responsible for the costs involved. The same rules apply to substitute products.
6. Can you deliver the goods?
Orders should be fulfilled in 30 days. If delivery is likely to take longer than this (for instance, some made-to-measure products might take longer) then make sure this is clearly stated.
7. Know the rules for refunds?
You are obliged to refund consumers no later than 30 days after receiving notice of cancellation. Consumers can demand a refund if they have not received products or if they receive damaged or faulty goods (in which case you must bear the cost of transit in both directions). They are also entitled to a refund if they cancel within 7 days of delivery. Even when a consumer has returned your product and you have not received delivery, they must be refunded if they have proof of postage.
8. Have you clearly identified yourself?
It is crucial that any marketing communication you send out is designed and presented in a way that makes it clear it is marketing material. Consumers should not be confused or misled into thinking correspondence is editorial or private communication, or find the nature of your marketing is obscure or disguised. Visit the AdviceOnline section at www.cap.org.uk to read ‘Recognising Marketing Communications & Identifying Marketers’ for further guidance.
9. Don’t make the wrong claims on your envelopes
If you are sending mail to consumers your envelope must be carefully presented so that any claims made are not likely to be misinterpreted or be mistaken for other forms of correspondence. The envelope should not appear to be social, official or private correspondence. Avoid phrases that could mislead consumers into believing they’ve won a prize, or which could cause offence or distress.
10. When in doubt
Contact the Copy Advice team on 020 7492 2100 if you have any questions about your direct marketing. They offer free expert advice to help you achieve your aims, whilst adhering to the Code.