Readers of this column will recall that back in June I warned about the provisions of the EU Privacy Directive that comes into force this month. It's pretty clear that from now on brand owners must behave themselves and not try to clog up our in boxes with spam.
And trying to bend the rules won't work either. This is exactly what Berkshire-based Phone Direct tried to do and fell foul of the Advertising Standards Authority, who has just reprimanded the company for its dodgy marketing practices.
Like many brand owners, Phone Direct is trigger-happy when it comes to email marketing and it launched a campaign to promote its international call rates.
But with a difference.
The addressee field on the email read "Friends Group" and the subject field read "Fw: Useful information this time of year".
I must admit that had I received such an email I wouldn't have opened it and it would've gone straight to the recycle bin.
Anyhow those who are curious about such emails would have found the following message: "Hiya, With most of you all going on holiday soon, I just thought this website my boyfriend emailed me about would be useful! Looks like you can save loads on international phone calls. Helen X".
An apparently forwarded message in the email read: "Hi Helen, I have just been told about this website where it tells you how to make cheap phone calls, it looks pretty good and we don't even need to register with them. I will be able to call you every day when you are on holiday as it will only cost me the same as ringing you when you are here! The website is here: http://www.pd-dial.com. Anyway, must get on with more work, take care babe Steve".
Complaints were made to the ASA on the basis that the e-mail did not make clear that it was a marketing communication -- in effect an unsolicited advert pretending to be a personal message to the recipient.
Clearly after October 31 such deceptive activities will be caught squarely by the EU Directive on privacy. What perhaps is not immediately apparent is that brand owners will also fall foul of the new ASA Code of Practice as well.
Under 22(1) of the CAP Code: "Marketers, publishers and owners of other media should ensure that marketing communications are designed and presented in such a way that it is clear that they are marketing communications. Unsolicited email marketing communications should be clearly identifiable as marketing communications without the need to open them."
The ASA is a self regulatory body whereas the EU Directive is interpreted as part of English law. Nevertheless, Phone Direct had to withdraw its campaign after the ASA ruled that the email was misleading because its format and content didn't make it clear it was a marketing communication.
And from now on, brand owners better make sure they have permission to send it in the first place as well as be upfront that it comes from them if they want to stay out of court.
Ardi Kolah is author of 'Essential Law for Marketers' (Butterworth Heinemann, 拢25.00). Read the review of the book on Brand Republic and order your copy online
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