The Advertising Standards Authority has ruled
that World Networks broke its rules when it sent a message to a
paid-for list of telephone numbers promising a phone upgrade.
Service providers must offer recipients the
opportunity of opting out of receiving messages. Though World
Networks did that, the ASA has ruled that it did not make the
process easy enough or advertise it clearly enough to stay within
the rules.
"World Networks explained that customers could
call the local rate number included in the message to request to be
taken off their list," explained the ASA ruling. "They said they
provided a web address as the sender ID for the message and
explained that customers could contact them via the website at no
cost. They thought both methods were acceptable under guidelines
provided on the Privacy and Electronic Communications (EC
Directive) Regulations 2003."
"We noted World Networks' arguments but
considered that the message did not make clear that customers could
call the sales number or access the website to opt out," said the
ASA ruling. "We noted that the Information Commissioner's Office
had produced guidance on the Privacy and Electronic Communications
(EC Directive) Regulations that stated marketers should provide a
postal or email address or a short code number to which recipients
could send an opt-out message. We concluded that the message did
not give recipients a clear or simple means of opting out of
receiving future messages."
The decision will clarify the situation for
marketers who may have thought that any opt-out means was enough to
fall within the ASA's Committee of Advertising Practice (CAP) Code,
and the Privacy and Electronic Communications Regulations.
Three people complained about the promotion,
which read: "Orange customer, you may now claim your FREE CAMERA
PHONE upgrade for your loyalty. Call now on 0207 386
4925. Offer ends 4th Aug. T&C's apply. Opt-out
available".
Complaints claimed that the message
misleadingly appeared to be from Orange itself, that it
misleadingly suggested every recipient was entitled to an upgrade,
that it should not have been sent without recipients' consent, and
that its opt out options were not clear enough.
The ASA upheld all four claims, and said that
World Networks must contact the ASA before it carried out any
further advertising.
"We told World Networks to obtain explicit
consent from recipients before sending such text messages in future
and reminded them that they should provide a clear and simple means
for recipients to opt out of receiving future messages," said the
ASA. "We asked them to seek guidance from the CAP Copy Advice team
before advertising in future."
