Background
Summary of council decision:
Two issues were investigated, both of which were Upheld.
Ad description
Ten SMS text messages from Clarity Leeds and their affiliates for debt solutions and pensions.
Issue
The recipient challenged whether the text messages breached the CAP Code, because:
1. they were sent unsolicited; and
2. he had been assured by Clarity Leeds that his details had been suppressed.
Response
Clarity Leeds said they did not recognise the majority of the reply path numbers in the text messages the complainant received and did not believe that they came from them, but they acknowledged that they had sent texts to the complainant. They gave an assurance that the complainant's mobile number had been removed from their database and was on their suppression file and that they would not pass the number on to any third parties.
Assessment
1. & 2.Upheld
The ASA noted most of the text messages appeared not to have originated from Clarity Leeds, but nonetheless understood that they had sent SMS texts to the complainant. We acknowledged Clarity Leeds assurance that they had removed the complainant's telephone number from their DNS System database to ensure they received no further marketing texts. However, we were concerned that both the complainant and the ASA had previously been assured that his details had been removed from their systems, but he had nonetheless received further unsolicited marketing text messages from them. Because the text messages were unsolicited and because the complainant continued to receive marketing communications from Clarity Leeds despite requesting their personal information to be suppressed, we concluded the texts breached the Code.
The texts sent by Clarity Leeds breached CAP Code (Edition 12) rules 10.4 10.4 Marketers must not make persistent and unwanted marketing communications by telephone, fax, mail, e-mail or other remote media. To avoid making persistent and unwanted marketing communications, marketers must do everything reasonable to ensure that: 10.4.4 10.4.4 marketing communications are not sent to consumers who have asked not to receive them (see rule 10.5 10.5 Consumers are entitled to have their personal information suppressed. Marketers must ensure that, before use, databases have been run against relevant suppression files within a suitable period. Marketers must hold limited information, for suppression purposes only, to ensure that no other marketing communications are sent as a result of information about those consumers being re-obtained through a third party. or, if relevant, who have not had the opportunity to object to receiving them (see rule 10.9.3). Those consumers should be identifiable and 10.5 10.5 Consumers are entitled to have their personal information suppressed. Marketers must ensure that, before use, databases have been run against relevant suppression files within a suitable period. Marketers must hold limited information, for suppression purposes only, to ensure that no other marketing communications are sent as a result of information about those consumers being re-obtained through a third party. (Database practice).
Action
We told Clarity Leeds Ltd to ensure that text messages were not sent to consumers who requested their personal information to be suppressed and to ensure appropriate consent had been given before sending marketing communications by text message.
