A direct mailing from a prize draw operator has been banned for the second time in a year after the ad watchdog ruled it used threatening language, which was likely to cause distress.
The mailer – sent by JDM Marketing trading as Bright-Life – included text above the address panel on the envelope that stated “Written Warning”, while on the back text stated: “No further attempt to contact you will be made this month.”
It had already been banned in June 2012. But despite being told at the time to ensure future campaigns were obviously identifiable as marketing communications, the mailing appears to be virtually the same, with only small tweaks.
This time Gloucestershire Trading Standards and two members of the public challenged whether the mailing was likely to cause undue fear and distress, because they felt that the envelope suggested that it was official correspondence and exaggerated the importance of the contents.
Meanwhile a third member of the public challenged whether the line “No further attempt to contact you will be made this month” was misleading, because a second mailing, which appeared to relate to the same promotion, was received shortly afterwards.
Following an investigation, the ASA rejected the complaint about the “no further contact” line, as the second mailing was part of a separate promotion.
However, the first mailing was banned anyway, due to the envelope yet again not being obviously identifiable as a marketing communication.
Ruling that the campaign must not appear again in its current form, the ASA once again warned JDM Marketing to ensure future mailings did not cause distress without justifiable reason.
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