The Ethical Marketing Charter

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1 The Ethical Marketing Charter In this document we aim to give you an overview of the Ethical Marketing Charter and its aims and protocols, along with definitions of what we mean by the terms referenced in the Charter. You ll also find useful advice on how to prevent and report nuisance calls, spam texts and unsolicited s, and information for businesses on why and how to become a signatory. 1

2 What is the Ethical Marketing Charter? The Ethical Marketing Charter is an industry-led independent initiative that allows companies in the personal injury sector to take a public stand against unethical marketing practices and challenges others to follow suit. What are the aims of the Charter? The Ethical Marketing Charter ultimately aims to eradicate unethical marketing practices within the personal injury sector and make life better for consumers by ensuring that signatories adhere to three primary commitments: Charter signatories stand firmly against nuisance marketing they never cold call or send spam texts or spam s. Charter signatories stand firmly against the unethical buying and selling of accident data they never misuse accident data to pressure people into making a claim. Charter signatories stand firmly against misleading advertising they never induce personal injury claims by making false or misleading promises in their advertising, and are clear and upfront about any exclusions to no win, no fee. The Charter was established to highlight unethical marketing practices and help to eradicate them. Why is it needed? Unethical marketing practices such as cold calling, spam texts and spam s are leaving consumers across the UK angry and harassed. The Information Commissioner s Office (ICO) received over 180,000 cold-calling complaints in the last year alone, with a recent Trading Standards study finding that around 40% of the phone calls received by older and potentially vulnerable people were unsolicited. Over half of the consumers questioned in a recent independent survey by Populus (56%) reported that they find cold calls distressing The government has begun to take action, but political will alone is not enough to eradicate these practices industry must also take action. The personal injury sector is often singled out for engaging in bad practices with accusations that it is to blame for rising insurance premiums and fraud. Rogue players in the sector are tarnishing the reputation of ethical and professional personal injury firms and reducing consumer trust and confidence. The Charter aims to reduce the volume of cold calls along with spam texts and s by standing up for ethical marketing and encouraging organisations to cease these unscrupulous practices. Driving out the unethical buying and selling of personal data can also help to ensure that individuals are not called and pressured into making a claim, and clear advertising helps to ensure consumers make decisions based on the facts. The Charter will help consumers to identify those organisations which market responsibly and can therefore be trusted with personal data. The organisations that sign up will also help to challenge rogue operators in the sector to stop poor marketing practices, ultimately reducing the prevalence of unethical marketing in personal injury. 2

3 What can the Government do to stamp out unethical marketing practices? The Ethical Marketing Charter alone cannot stamp out bad practice. Rogue companies will continue to operate unless the Government acts. The Government recently lowered the threshold necessary for the Information Commissioner s Office to impose fines, and increased the penalties associated with persistent cold communications, but this will address only one aspect of a wider and more complex problem. We believe the Government needs to do more to tackle unethical marketing by Establishing a one-stop complaints process to help consumers understand how to stop nuisance calls, and who to report them to; and Taking stronger legal action against cold calls coming from international numbers, which is happening on a growing and industrial scale. What do we mean by ethical marketing? We believe that ethical marketing is defined as marketing and communications which are conducted in a legally compliant way and which give consumers a clear opportunity to opt out. We recommend that marketing campaigns are always permission-based and that companies explain clearly what a person s details will be used for. Companies should provide a simple way for consumers to opt out of marketing messages and have a system in place for dealing with complaints. And how do we define nuisance marketing? Unethical nuisance marketing is defined as marketing and communications which are deceiving, confusing and aggressive companies should not trick or coerce you into hearing about their products and services. Cold calls, spam texts and s sent without the correct opt-ins in place all fall in to this category, and charter signatories stand firmly against these practices. 3

4 How do we define the unethical buying and selling of accident data? We define the unethical buying and selling of accident data to mean instances where the consumer has not opted in to be contacted by other organisations. Being contacted speculatively without their consent can leave consumers who have already suffered the trauma of an accident harassed and distressed. Despite laws being introduced in April 2013 to limit the sale of data, the Information Commissioner s Office (ICO) says there still appears to be a lucrative trade in this data and there have been widely publicised cases where individuals in the police force and insurance industry have been prosecuted for passing data to rogue claims management. How do we define misleading advertising? Misleading advertising is any form of marketing which does not clearly set out the terms and conditions of an offer and doesn t reference any exclusions or circumstances in which the service advertised may differ from what is actually delivered. For example, companies offering No Win, No Fee agreements should clearly set out what they mean by the term, and any instances where they are not able to offer this type of agreement. In all cases, the consumer should not be expected to bear any costs if their case does not succeed. Detailed guidance can be found on the Committees of Advertising Practice website. The Legal Ombudsman has published case studies of a number of consumers who have fallen victim to misrepresentation of a No Win, No Fee agreement. Further examples of misleading personal injury advertising can be found on the Advertising Standards Authority s website. What is the Charter s view on opt-ins? Opt-ins which are confusing, deliberately misleading or unclear should not be used as these can be flouted by rogue players in the sector and fuel unwanted communications which can be annoying and distressing for consumers. Opt-ins should be clear and intelligible. Organisations should only contact consumers where they can clearly trace the opt-in path back to see when and where the consumer opted in. 4

5 Information and advice for consumers How do companies get hold of my details? 1 You ve not signed up to the Telephone Preference Service (TPS) The TPS is the official central opt-out register where you can specify that you do not wish to receive unsolicited sales or marketing calls. It is against the law for organisations and charities to make such calls to numbers registered on the TPS. If you haven t already, you can register your landline, as well as your mobile phone number, here. 2 You have, perhaps unknowingly, opted in to receive marketing communications, which can over-ride your Telephone Preference Service It may be that when completing a sign-up form you ticked a box to receive marketing communications from third parties. Alternatively, you may have been required to untick a box to opt-out, or a combination of the two. Be aware, that if you inadvertently opt-in to receive communications after you have signed up to the TPS, the new opt-in will take precedence over your TPS sign-up. 3 The organisation contacting you is using automated dialling technology You may have been cold called as a result of an automatic dialler randomly generating your telephone number. These systems are capable of calling millions of landline and mobile numbers every single day. If you have not consented to receiving the calls or are registered with the TPS you can report these organisations to the ICO. 4 The organisation regards you as a customer If you have an ongoing relationship with an organisation, for example if you are one of their customers (or a donor, in the case of a charity), they may have received consent from you early on to send you marketing communications. They are entitled to do so, even if you are registered with the TPS, unless you expressly tell them that you object to receiving marketing calls, texts or s from them. 5

6 5 You ve made your telephone number publicly available online Is your telephone number published in your signature, Twitter handle or Facebook profile? Anywhere your contact information is freely available it could fall into the hands of organisations who may either contact you themselves or profit from selling your data to others. Think carefully before publishing your telephone number or address anywhere you don t have to. 6 Your data may have been sold illegally Despite regulators work to clamp down on the illegal sale of data, hackers and fraudsters are still selling information on the black market. Take care not to click on links in spam s, as they can download malware to your computer or device which allows hackers to steal your data. Safeguard your personal information by securing your home internet connection, and don t carry out financial or other personal transactions online in unsecured locations such as coffee shops and public wifi networks. What can I do to prevent being contacted against my wishes? 1 2 Take extra care when completing marketing opt-in boxes when buying goods, entering competitions or using services such as free Wi-Fi access etc. These forms can often trick you into saying yes to marketing when you didn t mean to. Register with the TPS (Telephone Preference Service). You can register both your landline and mobile numbers. Businesses are legally required to check if you are registered with the TPS before calling you to market their services. If you are TPS registered they must NOT call you to sell you their products and services. However, it s important to know that if you sign a tick box on a marketing form which says third-party companies can contact you about goods or services which may be of interest to you, this will over-ride your TPS registration. And of course, if you have previously chosen to receive marketing from a selected organisation such as your phone provider, energy supplier, insurer or some other company, they will still be able to contact you. 3 Don t give out personal details online or over the phone unless you are 100% confident you know who you are dealing with and they can be trusted to use your information appropriately. If you receive a nuisance call, ask them to tell you the name of their company, their registered address and their telephone number (which you can then use to report them). Tell them to stop calling you, inform the caller if you are registered with the Telephone Preference Service (TPS), and end the call as swiftly as possible. 6

7 I ve been the victim of nuisance marketing. How do I report it? If you have received a nuisance call (either from a real person or via a pre-recorded marketing message), a spam text, a spam fax or spam , you can report it to the Information Commissioner s Office here. If you have received a silent or abandoned call, you can report it to Ofcom here. If you have noticed misleading or deceiving advertising, you can report it to the Advertising Standards Agency here. What do I do if I think a signatory is not adhering to the Charter? If you suspect a signatory to the Charter has breached any of the three commitments, please fill in the form giving as many details as possible. We will then contact the signatory about the breach, asking them to resolve the issue within three weeks. See How is the Charter monitored and enforced? below for further information on how breaches are dealt with. 7

8 Information for businesses Why sign up to the Ethical Marketing Charter? By signing the Charter your organisation will be able to demonstrate its ethical and professional credentials to consumers. You will reassure your customer base that you do not undertake unethical practices and that you want to ensure that others in the sector are not misleading or causing distress to consumers. How can I sign up to the Ethical Marketing Charter? To begin the process of signing up to the Charter, visit the Ethical Marketing Charter website. Once you ve completed and submitted your sign-up form, you ll receive an acknowledgement, followed by an within 10 days to confirm that your application has been approved and your name added to the list of signatories. How long is membership of the Charter valid for? There is no time limit on membership of the Charter. Once a company has become a signatory of the Charter, it will remain a member indefinitely. If the Charter s commitments are amended, signatories will be required to confirm that they adhere to these new standards before continuing their membership. Membership can be revoked at any time if a signatory is found to be non-compliant. 8

9 Enforcing the Charter How is the Charter monitored and enforced? Membership of the Charter relies on compliance to the commitments. If a signatory is suspected of non-compliance, consumers are encouraged to report the breach to the Charter administrator via this form, including all relevant details of the breach. The charter administrator will then contact the signatory about the breach, asking them to resolve the issue within three weeks. If multiple breaches are reported, the administrator will contact the signatory again to ask for evidence that there has been no breach, or that the organisation is no longer undertaking the reported practices. If an organisation does not provide this evidence within two weeks of sending them the request for evidence, the administrator reserves the right to remove it as a signatory and report the matter to the relevant regulator to be reinstated only once it demonstrates that it conforms to the Charter s commitments. The Charter is administered by its founder, National Accident Helpline Why not approach the regulators direct? Consumers are encouraged to report any breaches of the Charter to the relevant regulator, as well as the Charter s administrator, through the online form, and the Charter website directs consumers to the relevant organisation to which they can report bad practice. In our experience, consumers are often unsure how to report bad practice, particularly which regulator is responsible for monitoring which practices. The Charter and its website will help consumers to identify the correct organisation to contact and help to put them in touch. By taking an active role in the process, signatories aim to demonstrate that the industry is itself acting to stamp out unethical practices rather than relying on government regulation alone, and helping consumer to identify reliable service provider 9

10 For media enquiries or to make contact with the charter administrators, please contact the Ethical Marketing Charter s communications adviser. Rebecca Goshawk E media@ethicalmarketing.org.uk T

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