direct marketing, advertising, and the law

In the UK there are strict laws protecting consumers, and to a different extent businesses, from aspects of direct marketing and other forms of advertising. Other countries generally have their own equivalent laws.

Consumers and to some degree businesses can 'opt out' of being subjected to various sorts of direct marketing activities. In the UK this system of opting out is managed via the processes and organisation of the 'Preference Services'. When you use direct marketing - whatever the method - ensure you are acting within the law, and have consulted the relevant Preference Service rules (or local country equivalent).

Details of the UK 'Preference' services are available from the respective Preference Services agencies in the UK (for phone, fax, post and email), from other UK government information resources such as the BERR (Department for Business Enterprise and Regulatory Reform - was DTI, Department of Trade and Industry), and the Direct Marketing Association (and equivalents of all these in other countries as applicable).

Separately, the Data Protection Act in the UK contains implications for storing list data and using certain lists, notably for private consumers, and for the marketing of particular services (for example financial services), and there are similar laws dealing with this aspect in different countries, so check the law as applicable for your own situation before buying and using lists. More details (for the UK) about Data Protection rules are at the Information Commissioner's Office. You should adhere to your local laws or guidelines concerning unsolicited direct marketing. In the UK these are explained by the Information Commissioner's Office in terms of direct marketing by phone, electronic or postal methods. If you are not in the UK seek equivalent advice.

And aside from this, advertising is subject to scrutiny and action by the Advertising Standards Authority (UK), and of course all advertising and marketing is ultimately accountable to the various laws which seek to protect people and organisations from illicit or fraudulent trading.

For more information about good and acceptable practices in advertising (and by implication marketing too) refer to the UK Advertising Standards Authority, and the the European European Advertising Standards Alliance (EASA), which represents European national self-regulatory and representative organisations for the advertising industry in Europe.