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ARTICLE · 06 APRIL 2017

Direct Marketing And The Rules On Privacy

Last week saw two UK regulatory bodies crack down on organisations for breaching the rules on direct marketing:

United KingdomPrivacy

Last week saw two UK regulatory bodies crack down on organisations for breaching the rules on direct marketing:

  1. The Advertising Standards Authority (ASA) ruled that Lands' End Europe Ltd (Lands' End) breached the rules on direct marketing in the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code).
  2. Additionally, the Information Commissioner's Office (ICO) fined Flybe £70,000 and Honda £13,000 for sending unsolicited direct marketing communications.

ASA – what did they say?

The complainant in this matter challenged an advertisement sent to them by Lands' End, a clothing company, on 10 October 2016 claiming it was unsolicited.

Lands' End responded to the complaint advising that the email was sent via an email targeting agency. This agency had obtained consent from the complainant to receive third party email communications through one of their partners. The complainant had opted in to receive these communications through an

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