Legal issue concerning direct marketing

There are a whole hosts of reasons as to why you ought to make sure you are legally compliant when it comes to direct marketing.

If you fall foul of the practice then you are likely to face bad publicity, loss of reputation and brand damage. Referral to regulators, such as the Information Commissioner, the Advertising Standards Authority (ASA) or the Office of Fair Trading (OFT), and action taken by such bodies, including censure, fines, legal action and criminal prosecution. Legal action by consumers or competitors. Costly recall and reprinting of direct marketing material. Product recalls. Disappointed consumers and loss of consumer confidence in your organisation.

What laws do I need to be aware of?

There are three main laws and regulations relating to direct marketing which are:

1. Data Protection Act 1998 (DPA)

2. Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/ 2426) (Privacy Regulations) and

3. Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) (CPRs). Regulation 3 of the CPRs prohibits unfair commercial practices generally. Direct marketing is a commercial practice.

If you have a complaint against any direct marketeer or are defending a complaint, its important you are aware of these three pieces of legislation.

Be aware and avoid a complaint!

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