The Direct Marketing Association has accused two firms of violating its ethical business practice guidelines.
Those firms were No More Mail, Wheeling, IL and Operation Hang-Up, Washington, DC.
According to the DMA’s ethical business practice and teleservices ethics operating committees, No More Mail, Wheeling, IL, failed to resolve their concerns about disclosing limitations of its services. The committees blasted as inaccurate and misleading claims on the firm’s Web site, www.nomoremail,com, that consumers who sign up for its services will be removed from specific mailing and telemarketing lists.
The DMA said that marketers are not obligated to accept name-removal requests not sent to them by consumers themselves.
No More Mail reportedly amended its service agreement to indicate it could not guarantee the honoring of removal requests. But the DMA said it told the company it believed it needed to display this information more prominently in other areas of the Web site.
Manager of executive services Kristin Francsalski did not return calls for comment at deadline.
Regarding Operation Hang-Up, the DMA said that the Washington, DC, company did not respond to its concerns that it charged $29 to guarantee that telemarketing calls stop.
According to the DMA, the firm sent lists of telephone numbers to companies, including some nonprofits, along with name-removal instructions to follow. The committee viewed both the material on the company’s Web site and the instructions to industry members as deceptive. The case was forwarded to the U.S. Postal Inspection Service.
Operation Hang-Up could not be reached at deadline.
Both companies were cited in the DMA’s Ethics Case Report for the second half of 2002, which highlights 30 cases handled against DMA member and non-member companies.
The committees also heard three additional online marketing cases, six cases regarding teleservices issues, 10 general advertising cases, and nine cases regarding privacy. All of these cases were either resolved to the committees’ satisfaction or are still under review, said the DMA.