Companies ignoring consumers marketing preferences face prison warns DMA
Press release:
Marketers now face prison if they consistently ignore the wishes of consumers who do not wish to be contacted for marketing purposes.
The CPUT Regulations include 31 banned practices that will always be considered to be unfair. One of these is ‘making persistent and unwanted solicitations by telephone, fax, email or other remote media except in circumstances and to the extent justified to enforce a contractual obligation’. Breaching this banned practice is a criminal offence and carries with it a maximum fine of £5000 currently and or a term of imprisonment not exceeding two years.
The term ‘other remote media’ has yet to be defined, but there is the argument that this could include direct mail sent through the post. If this is so, the Mailing Preference Service will have legislative backing providing greater protection for its subscribers.
Janine Paterson, Legal and Public Affairs Advisor at the DMA, warns: “Companies ignoring the TPS and persistently calling numbers registered on the scheme have got away lightly. Now however they could face prison if they continually call numbers against the consumer’s wishes. The DMA welcomes this new legislation and is advising members on this and other elements of CPUT Regulations and the Business Protection from Misleading Marketing Regulations. ”
