The Direct Marketing Association fielded 1,065 complaints and inquiries from consumers about the volume of mail, telephone calls and e-mail they received during the first half of 2004. But an additional 30 cases were the subject of an in-depth review by the DMA’s ethics committees, according to its most recent Ethics Case Report.
Another 40 members were asked to certify their compliance with the DMA Privacy Promise.
The 30 cases included:
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Ten general advertising and business-practice matters, ranging from advance consent issues in which the marketer clarified or revised its advertising or promotional material, to one instance in which a marketer misrepresenting its ability to remove names from national marketing lists was turned over to the Federal Trade Commission. One marketer, which offered warranty service in a package that could be construed as a recall notice, is challenging whether the mailing is a violation, and one case is currently pending.
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Twelve cases involving collection, use and maintenance of marketing data. Among these was an occasion in which data allegedly collected for a survey was used for marketing purposes. The marketer provided information regarding the public availability of the data in question. Another seven had not responded to the DMA’s request for demonstration of compliance with its Privacy Promise, and four companies did not maintain appropriate do-not-mail files. Of those, three firms have closed and one case is pending.
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Six cases focusing on online marketing practices, including two matters that are pending, two that resulted in offers being changed, one that is awaiting further response from the company and another that has been forwarded to the California Attorney General’s office for handling.
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Two teleservices issues, including one pending, and one which, due to the anonymous nature of the complaint, could not be further investigated and was closed.
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