ASA warns companies over unsolicited e-mail and text messages

The rules

Since March 2003, marketers in the UK have been obliged to follow the CAP Code, a set of rules produced by the UK's Committee of Advertising Practice. Administered by the ASA, the rules govern the content of UK non-broadcast marketing communications.

Although lacking the force of legislation, the Code should be followed by all businesses and there are penalties available for non-compliance.

The Code states that the explicit consent of consumers is required before:

"marketing by e-mail or SMS text transmission, save that marketers may market their similar products to their existing customers without explicit consent so long as an opportunity to object to further such marketing is given on each occasion."

The Code also states that marketers:

"should ensure that marketing communications are designed and presented in such a way that it is clear that they are marketing communications. Unsolicited e-mail marketing communications should be clearly identifiable as marketing communications without the need to open them."

In addition the Code stipulates that marketing communications by e-mail should include:

"the full name and geographical address of the marketers (and suppliers if different) outside the coupon or other response mechanism so that it can be retained by consumers."

The text message complaint

The first complaint related to an unsolicited text message sent by Croyden company New Technology Telecomms Ltd.

According to the ASA, the message read:

"Shop till [sic] u Drop, IS IT YOU, either 10K, 5K, ?500 Cash or ?100 Travel voucher, Call now 09064011000.NTT PO Box CR01327BT fixedline Cost 150ppm mobile vary"

New Technology did not respond to the ASA and the Authority accordingly ruled that the SMS message breached the Code, because "the promoters had not shown either that the recipient had given his explicit consent to receive SMS marketing or that he was an existing customer of theirs."

The ASA warned the company to ensure that SMS messages were only sent to existing customers or to those who had consented to receive the marketing, and that an opportunity to object to further marketing was given each time.

The ASA has also requested the Committee of Advertising Practice to inform its members of the breach by the company.

The e-mail complaint

The second case related to five e-mails from Guernsey-based publishing company Selling For Engineers Seminars Ltd.

According to the ASA:

"Four e-mails contained the same sales information for three training courses, 'Closing Techniques Workshop', 'Selling for Engineers' and 'Telephone Sales & Prospecting for Engineers'. Each of the workshops cost £300 to attend. The subject line was blank on one e-mail but on the other three e-mails it stated 'Here is the info for our new dates in the UK, the US and Australia', 'you are too expensive, can I have a discount?' and 'Needing to mprove [sic] your sales?' Each of the e-mails had the footnote 'If sales training is not an issue for your company please reply to this email with the word 'DELETE' in the subject line. We will remove your details promptly.'"

The fifth e-mail contained a subject line reading "You are too expensive – I want a discount", and advertised a manual for the training seminars at a cost of £30. No unsubscribe option was available.

The ASA found that the e-mails had been sent to personal addresses, and that no explicit consent had been obtained. It advised the company to "take more care in targeting their e-mails in future."

It also found that the e-mails did not make it clear that they were adverts. The ASA warned Selling for Engineers to make the advertising nature of the e-mail clear in its subject line.

Finally the ASA reminded the company that as the e-mails had required payment, the company's "full name and geographical address should be stated in a form that could be retained by consumers". The ASA again asked the Committee of Advertising Practice to pass on the details of the problem to its members.