Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A text from a payday loan company stated "Dear customer, You have received a new message from [phone number] … [name] Your £400 loan has been accepted, just confirm your loan to be paid in 5minutes at www.my-quid.com.
Issue
The complainant, who received a number of texts from the advertiser, challenged whether the texts breached the Code because:
1. they were unsolicited; and
2. despite several requests, the advertiser did not suppress their details.
Response
1. & 2. Pingpro.co.uk who operated an affiliate programme whereby their customers, e.g. my-quid, placed marketing onto a website via mechanisms such as email. They said that if my-quid were not complying with the Code they would terminate their account.
My-quid did not respond to the ASA's enquiries.
Assessment
1. & 2. Upheld
The ASA was concerned by my-quid's lack of substantive response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to provide a substantive response to our enquiries and told them to do so in future.
We noted that the Code required marketers not to make persistent and unwanted marketing communications to consumers who had asked not to receive them. Because we had not seen evidence that the text messages were not unsolicited and because the complainant continued to receive marketing communications despite requesting their personal information to be suppressed, we concluded the texts breached the Code.
Investigated under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 10.4 10.4 Marketers must not make persistent and unwanted marketing communications by telephone, fax, mail, e-mail or other remote media. To avoid making persistent and unwanted marketing communications, marketers must do everything reasonable to ensure that: 10.4.2 10.4.2 marketing communications are not sent unsolicited to consumers if explicit consent is required (see rule 10.13) 10.4.4 10.4.4 marketing communications are not sent to consumers who have asked not to receive them (see rule 10.5 10.5 Consumers are entitled to have their personal information suppressed. Marketers must ensure that, before use, databases have been run against relevant suppression files within a suitable period. Marketers must hold limited information, for suppression purposes only, to ensure that no other marketing communications are sent as a result of information about those consumers being re-obtained through a third party. or, if relevant, who have not had the opportunity to object to receiving them (see rule 10.9.3). Those consumers should be identifiable 10.4.5 10.4.5 databases are accurate and up-to-date and that reasonable requests for corrections to personal information are effected within 60 days. 10.5 10.5 Consumers are entitled to have their personal information suppressed. Marketers must ensure that, before use, databases have been run against relevant suppression files within a suitable period. Marketers must hold limited information, for suppression purposes only, to ensure that no other marketing communications are sent as a result of information about those consumers being re-obtained through a third party. 10.13 and 10.13.3 10.13.3 sending marketing communications by electronic mail (excluding by Bluetooth technology) but marketers may send unsolicited marketing about their similar products to those whose data they have obtained during, or in negotiations for, a sale. Data marketers must, however, tell those consumers they may opt out of receiving future marketing communications both when they collect the data and at every subsequent occasion they send out marketing communications. Marketers must give consumers a simple means to do so (Database practice).
Action
The ads must not appear again in their current form. We told Ping Pro and my-quid to ensure that text messages were not sent to consumers who requested their personal information to be suppressed and to ensure appropriate consent had been given before sending marketing communications by text message. We referred the matter to CAP's Compliance team.
CAP Code (Edition 12)
1.7 10.13.3 10.4 10.4.2 10.4.4 10.4.5 10.5 3.1
