A direct mailing from a prize draw operator has been banned for using threatening language – usually associated with debt collectors – after the ad watchdog ruled it was likely to cause distress.
The mailer – sent by JDM Marketing – 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.”
But two recipients challenged whether the ad was misleading, because it was not obviously identifiable as a marketing communication while another recipient also challenged whether the mailing was likely to cause undue fear or distress.
Following an investigation, the Advertising Standards Authority ruled the envelope was not obviously identifiable as a marketing communication and that recipients were likely to expect it to be far more important than it actually was.
The overall impression of the mailing was that consumers would lose out in an important financial matter about which they had received a “Written Warning”.
Banning the mailing, the watchdog told the firm to ensure that future campaigns were obviously identifiable as marketing communications and to ensure they did not cause distress without justifiable reason.
