Out-Law News 1 min. read

Domain Registry of Europe’s mailshots “intimidating”


The UK Advertising Standards Authority (ASA) has ordered the Domain Registry of Europe to stop a direct mailing campaign that was "misleading", "distressing" and "intimidating to the recipients." The ruling followed complaints submitted to the ASA by SAQ Internet and a member of the public.

The complaint involved promotional mailshots sent to consumers by the domain name registry. The mailing featured an image of the European Union flag next to the words "Domain Registry of Europe." It stated "Important Notice" and continued:

"We understand your domain name XXXX expires on XXXX. We recommend you renew your domain name at least 30 days prior to its expiration to avoid any 'Registrar Lock'... failure to renew your domain may result in a loss of your on-line identity, which may make it difficult for your customers and friends to locate you on the web."

Although the mailings informed the recipients that they were under no obligation to pay, the ASA found that the content, "especially when combined with the image of the company name and the EU flag", gave the overall impression of an official notice.

The ASA also found that the mailing "misleadingly exaggerated the importance of its content." This is because the domain names could not be transferred without permission from the third party who had administrative control of them. The mailing, however, implied that the advertisers could renew and take control of domain names.

The ASA concluded that the mailshots could "distress" some recipients, and ordered the Domain Registry of Europe to withdraw the mailing. The domain registrar is also required to consult the Committee of Advertising Practice Copy Advice team before advertising again.

The ASA adjudication can be found here

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