Ignorance is no excuse for unsolicited emails
Despite tightening laws on privacy regulations, many UK companies are still sending unsolicited texts and emails to consumers. Matti Alderson, Director of Firehorses and Chairman of the Direct Marketing Commision (DMA), takes a look at how brands can avoid becoming an unintentional spammer.
Here at the Direct Marketing Commission, one of the greatest number of complaints that we receive in the digital arena is from people who are sent emails that they don’t want.
Sometimes this is because the unsubscribe mechanisms given at the end of an email don’t work, or that they are not even given the opportunity to unsubscribe in the first place.
It is surprising, and unacceptable, that some companies in the UK and throughout the European Union still don’t know the law: it is against privacy regulations to send unsolicited email marketing or even text a consumer if they have not originally given them permission to do so or are not recent customers.
Companies should always give consumers the choice to opt out of receiving unwanted emails and they are obliged to provide a working unsubscribe mechanism, such as a return email address to which consumers can send unsubscribe requests.
Of course, it is good practice as well to inform consumers how long it might take for the unsubscribe to take place.
It is important for future trust and confidence in direct marketing that companies understand the law fully and take time to ensure that their systems and procedures are in place and working effectively before broadcasting emails.
At the DMC, we pursue complaints from consumers who are receiving unwanted emails, who are unable to unsubscribe or they may be concerned that their contact details have been passed on by a third party without their consent: - they can complain to us via our online complaints form on our website,www.dmcommission.com.
Of course, spam emails are another common concern, and though at the DMC we can’t actually prevent this happening, the Information Commissioners Office has legal powers to ensure that companies comply with the Privacy and Electronic Communications Regulations.
Matti Alderson is a Director of FireHorses Ltd, a company that advises on regulatory strategy. She is the chairman of the Direct Marketing Commission and the former Director General of the Advertising Standards Authority, which controls all non-broadcast advertising in the UK. She is a member of the MAFF's Food Advisory Committee and the Review Body on Doctor's and Dentists Remuneration.
