All posts by : janinepaterson

We were ready to enjoy the event after 2 years absence due to the pandemic.

We parked up, got our golden retriever out of the car – he always loves coming, a chance to lap up all that adoration!

We queued up to pay our entrance fee, and that was when we saw the sign

NO DOGS

Disaster – all we could do was get back in the car and go home.

The town near our home has hosted a Beer Festival for 15 years. It has more than 80 real ales, 20 continental beers and 30 real ciders, so something for everyone. In addition, it has food stalls featuring a number of cuisines and live music on each of the 3 nights.

You buy a festival glass and then go and make your selection. I have a glass from most of the last 15 years, but this year I was not adding to my collection.

Our dog loved coming and mixing with everyone, both humans and canines, as he is a very friendly hound who will allow someone to adore him. In fact, in past years he has helped people who were anxious around dogs to become more confident around them because he is so gentle despite his size.

I am not sure why this one was changed, as they’d always allowed dogs in before and there had not been any issues that I was aware of. Our hound is a part of our family, so we were not going in without him.

The lesson?

Rules can change for all sorts of reasons, even if you can’t fathom why!

And when it comes to your marketing and advertising, it’s even more important to stay on top of all the changes that apply to your business.

As a responsible business owner, you could decide to invest considerable time in learning how to compliantly promote your business. You may believe that you can do this yourself and your hours of study will replace the need to pay for expert advice.

However, the rules you worked so hard to understand can change at a moment’s notice with little announcement.

And if you don’t know where to look, or you don’t check for updates on a regular basis, these changes can slip by unnoticed.

And when that happens, this can leave you wide open to bad publicity that can trash the reputation of the business you’ve worked so hard to build (and maybe a fine on top as well!).

The bottom line is, to be compliant in your advertising you need to understand the rules and regulations that apply, AND you need to be aware of when they change.

Sending an email to customers that you think is a service message but is in fact a marketing one could be costly for your business.

Just ask Amex who got into big trouble when they sent 4 million messages in 2018 and 2019 to their customers believing them to be service messages.

So what happened you ask?

Well, Amex sent messages detailing the rewards of using their card for online shopping and encouraging customers to download their app to make the most of their card.

They said clients would be disadvantaged if they were not aware of the best way to use their cards. However, the ICO disagreed and fined them …

… £90,000!

Pocket money to Amex, but I dare say a bit more painful for you.

You see, even marketers get confused about the rules on marketing emails and make the wrong call on a campaign, like those at Amex. 

The first step is to know the difference between a marketing communication and a service one.

Marketing has a very wide definition, and it can be very easy to think you are just being helpful to your customers by explaining the benefits of your product or service they have, but this will be marketing comms, not a service one.

On the other hand, if you have updated the terms and conditions of that product or service, then you need to tell your customers and this will be a service message.

HOWEVER…

This is often not black and white, as Amex found out, so it’s important you get this right.

How can you make sure you get it right?

Consult an expert.

The rise of social media influencers has been steep. The good ones can charge £1,000s of pounds to promote your brand.

Olivia Bowen, who appeared on Love Island, attracts the followers necessary to put herself on any brand’s wish list, earning herself nearly £1.5 million in 2021.

There have always been high profile people influencing the buying decisions of many, from kings and queens in the 17th and 18th centuries, to celebrity endorsements from athletes and film stars in the 80s and 90s.

With the coming of the internet and the launch of social media channels in the 2000s, we’ve seen ordinary people become celebrities. This means their every move is watched by millions of followers, many of whom are eager to spend their money on the next product promoted by these once ordinary people.

Working with an influencer can be mutually beneficial. Many brands have seen their sales skyrocket as a result of the right collaboration …

… but, getting it wrong can have a devastating effect on both parties.

Influencers have many millions of followers, who believe every word they say in their posts and videos. They trust these individuals and will rush out to buy based on their opinion.

The ASA has upheld complaints that influencers have consistently failed to be transparent about their commercial relationships with big brands, leaving loyal followers feeling misled about the products and services being promoted.

There is even a “page of shame” on the ASA’s website featuring those that consistently ignore the rules governing their social media activity.

This not only affects the influencers but reflects badly on the brands behind their posts.

Obviously, working with an influencer requires a good understanding of your brand and your customers as you need to know who you want to buy your products and services.  And this will help you choose the right influencer.

But you also need a good understanding of the rules that govern influencer marketing.

And those rules are many, and complex in nature.

But it’s important you get this aspect right, otherwise all that money spent partnering with an influencer will go down the drain.

As I was walking my dog last night in the howling wind and rain all I could think about was the warming embrace of a comfy chair in front of a roaring fire, at my local pub.

The only problem is I live in the back end of nowhere so my ‘local’ is more than a short stroll away!

At one point though, I nearly bought a pub.

My husband and I, both disillusioned with our 9 – 5 jobs, gave the idea some serious thought.

But common sense prevailed. However bad we thought our jobs were, running a pub is hard work and a whole different kind of stress.

Dealing with breweries, suppliers, landlords and then trying to keep the customers happy can seem like an impossible juggling act.

It’s not surprising that many in the hospitality industry find keeping on top of their marketing activities overwhelming.

Add to that the responsibilities of selling an age-restricted product like alcohol.

But, no matter how busy you are it’s vital you know the marketing rules and regulations that apply…

… and avoid the consequences of getting it wrong.

Consequences that could involve a public announcement you’ve breached the advertising codes, which could have a massive effect on your business’ reputation.

The rules are there for a reason, to stop alcohol ads from being seen by the wrong audience. It also makes good business sense, as why waste money advertising to people who can’t legally consume your product.

So how do you make it happen?

First step, get to know your ideal customer and understand where they see advertising.

If your product is aimed at those in their twenties and early thirties, social media could be an ideal channel to reach them, but for an older demographic, “old fashioned” direct mail or billboards in the right location may be better. But before you can do any of that you need to aware of the rules and how they affect your marketing plans.

For many of us, the name Hoover is synonymous with washing machines, fridges, and of course vacuum cleaners.

But in the marketing world just mention the name Hoover and you’ll see people roll their eyes.

Let me tell you why.

Hoover, the US manufacturer, wanted to increase sales of its vacuum cleaners in the UK. Their marketing team came up with the idea to run a product promotion.

Spend at least £100 on a vacuum cleaner and receive 2 return air tickets.

Sounds good, right?

To begin with, it was for Hoover. The flights offered initially were to destinations in Europe. Sales increased and to Hoover’s joy, not many people claimed their tickets.

Pleased with how sales were going, and wanting to keep demand high, someone at Hoover had another brilliant idea.

Extend the offer to flights to the US …

… and this is where it all went wrong!

At the time 2 return flights to New York would have cost you around £650.

So spending £100 on a vacuum cleaner, even if you didn’t need one (many ended up given away or stashed in the cupboard under the stairs) was a no-brainer.

As you can imagine demand was off the scale.

 In fact, demand was so great Hoover had to cancel the promotion…

… but only after MILLIONS of pounds worth of tickets had been claimed.

Hoover faced legal action from disappointed consumers. In the end, it cost them an estimated £50 million and their European arm.

More importantly, Hoover was left forever associated with possibly the worst promotion in history.

Laying proof that the claim that “there is no such thing as bad publicity”, isn’t always true.

A lesson that you ignore at your peril.

The Hoover case is an extreme example of what can happen if you get it wrong. So be aware of the rules and regulations you need to follow to ensure that your brand’s reputation is enhanced, not tarnished by an illegal or badly run promotion.

I feel sorry for cold callers.

Not the company owners or senior management … but those that sit day after day ringing number after number trying to reach the almost impossible target set for them.

Having to deal with the rejection. Even if someone answers the phone, they hang up as soon as they hear the opening words. Not to mention the rudeness!

The rejection is, in some ways, understandable (although there’s never an excuse for being rude!). After all, many people are plagued with cold calls for all sorts of services and products which they have no interest or need for.

For example: A childhood friend of my brother answered yet another cold call soon after he moved into his first home. He received so many that sometimes he went along with the conversation, randomly providing answers to the questions posed.

He did this when a conservatory company rang him out of the blue.

He discussed design, insulation, and even a price with the salesman.

It was at this point my brother’s friend asked:

Can you fit a conservatory to a 2^nd floor flat!

The salesman, or more likely the company behind him, made a major mistake before he even picked up the phone.

Targeting!

Researching your prospective audience is a must before you even look at picking up the phone. You need to learn all about your ideal customer and narrow down your audience to those who are likely to buy your products and services.

This can be as simple  – in the case of my brother’s friend one question they should have asked themselves is does my ideal customer live in a house or flat?

Or, you can go into more depth –like checking for households within your target postcodes that do not already have a conservatory.

But, however you choose to go about your research, you need to do this as part of your telemarketing campaign. The bottom line is, it will save money and time and avoid any negative impressions of your company.

Get that right and you’re halfway there.

But you still need to consider the marketing rules and regulations around telemarketing because these govern what you can and can’t do.

These dos and don’ts can seem confusing, but it’s vital you get this right.

It was 1978 – before the internet even existed and more than 2 decades before most Americans had an email address.

But I hear you say – how can you send an email without the internet?

Well, an American marketing manager sent emails to 400 customers promoting the launch of a new product via ARPANET, a precursor to the World Wide Web.

Gary Thuerk, believes himself to be the father of e-mailing, but he is more commonly known as the father of spam.

Email has moved on considerably since Mr Thuerk’s day, becoming one of the most successful direct marketing channels.

It’s also one of the most abused, and one of the easiest ways to find yourself in trouble with the ICO.

This stops many businesses from benefiting from the reach that email can bring – starting conversations with customers and new prospects, keeping your brand front of mind, so when they need what you offer, they come to you.

But, use email marketing correctly and you’ll build a loyal following of people interested in your products/services.

People who trust you to do things properly and respect them as human beings not just numbers on a spreadsheet.

The rules around email marketing can seem complex and confusing, and implementing a good email marketing campaign requires more than a rudimentary understanding of what you can and can’t do, for example:

–  Can I send an email to a customer who bought something from me 2 weeks ago, 6 months ago, 3 years ago?

–  What if I buy a list from a data company – can I email those people?

–  How do I deal with people that complain about getting my emails?

These are just a few questions that often arise when you start looking at an email marketing campaign.

So, how do you make sure you get this right?

What’s important, before you even start looking at the data, the processes, and the rules, is to remember that the foundation of any marketing you do is gaining their permission.

Your customers and prospects are real people and need to be respected as such.

Anything and everything you do should put them first.

There is more than 1 way to gain permission for email marketing, and which one is right for your brand and ultimately your customers will need to be considered as part of getting your email marketing campaign working for you.

And that’s where the “more than just a rudimentary” understanding of the rules comes in.

Talk to an expert to make sure your email marketing makes the best (and legal) impression.

So we’ve covered who the ICO is and what they do, so let look at why it is important to be aware of why you need to follow the rules.

If the ICO receive a complaint about your use of personal data, it will be the start of a long process of investigation by them into your marketing activities.

They will ask you for general information of data protection practices, and then specific ones on the marketing communication in question.

This can be a very difficult time, and you may have many concerns about the investigation and where this is going.

And you should be worried.

Why?

The ICO, in my opinion, is not out to fine everyone large sums. Unlike some of their European counterparts, they are not funded from the penalties they impose. They want to educate organisations about the rules and how to comply.

However, that does not mean they will not be tough when they have to. They take their responsibilities as regulator seriously.

If a company has caused a serious and clear breach of the rules, they will take enforcement action.

And failing to engage with the ICO can increase the seriousness of that action.

As mentioned, unlike the ASA, the ICO does have the power to fine…

… up to £17.5 million or 4% of your annual worldwide turnover, whichever is the biggest!

To date fines have been nowhere near these figures, but there is the potential for this to happen.

So my advice is simple: don’t appear on the ICO’s radar!

Ask for help before it gets this far.

Well, that’s the end of this little series. Keep reading further blog posts for all things advertising and marketing law related.

So we’ve covered who the ASA is and what they do, and why you need to be aware of the advertising rules.

So what about the ICO.

Who are they?

The ICO or the Information Commissioner’s Office is the regulatory body for information rights in the UK.

The Information Commissioner, currently is John Edwards, started in January this year and works with a management board.

There are 4 offices, one in England, Scotland, Wales and Northern Ireland.

They oversee a number of pieces of legislation, including relevant to marketing, the Data Protection Act 2018, the General Data Protection Regulation 2018 and the Privacy and Electronic Communications Regulations 2003 as amended.

What do they do?

They police the rules and regulations governing how and when personal data can be used in your marketing activities.

There are specific rules covering the channels of communications used by marketers, so direct mail, telephone, email, sms and fax.

Here’s a handy table to give you an overview of the permission rules in a nutshell:

Then, there are the Mail Preference Service (MPS), the Telephone Preference Service (TPS), the Corporate Telephone Preference Service (CTPS) and the Fax Preference Service (FPS) to consider.

These are the suppression files where an individual can object to receiving marketing in general. You need to screen against these files before sending out your marketing campaign,

Compliance with TPS, CTPS and the FPS is a legal obligation. The MPS is run by the Data and Marketing Association (DMA) and screening against it is mandatory for DMA members only. However, many brands comply voluntarily as it is seen as best practice.

If a complaint is made about the use of personal data, the ICO will contact the marketer. They will be asked to answer questions on how they acquired the personal data and to prove they had permission to send the marketing. If you hear from the ICO, they will also ask about the marketing campaign, wanting details of how many emails were sent or telephone calls made, and a host of other information about your data protection procedures.

And that’s who the ICO is and what they do.

Next time…

… why you should be aware of what you can and can’t do with the personal data in your marketing activities, and the penalties for ignoring them (which, spoiler alert, can be eye-watering!)

So we’ve covered who the ASA is and what they do, so now it’s time to address the all-important question… why should you care?

Well, the ASA publish their adjudications every Wednesday morning.

You can go and read these on their website. Some of the things you’ll see will make you stare in disbelief, wondering what on Earth the advertiser was thinking.

But this isn’t always the case.

If you read the upheld cases, you’ll notice that even minor mistakes can lead to an investigation into your ads, which can mean that your business is in the spotlight for all the wrong reasons!

What’s more…

… it can take just ONE complaint to trigger an investigation!

You may have seen ad campaigns where the ASA have received 100s of complaints, but this is not the norm. Most of the ads complained about only have a couple of complaints about them, and it can take just 1 complaint to start an investigation.  

The ASA will review all complaints received about an ad to decide whether the ad may have broken any of the rules and if this is the case they will contact the advertiser. This could be the first time you become aware of an issue with your advertising, as many complainants will not come to you first!

Some brands accept that you can’t please everybody all the time, so complaints are part of the process. In fact, some seem to think that any publicity is good publicity so deliberately cross the lines in their advertising, just to get their name talked about.

But for many, this has seriously backfired.

Because once the ASA is involved, they will look at the ad and assess its compliance with all the rules, not just those raised in the complaint.

It maybe the complaint is not upheld, as there was no breach of the rules, but the ASA can raise their own “complaint” if they find non-compliance in a different part of the Code, and it is very rare that anything the ASA raise is found to be wrong.

If a complaint is upheld, your brand will be featured in Wednesday’s adjudications on their website, and many make the news headlines.

Unlike the ICO, the ASA can’t fine you. However, an upheld complaint can affect how your brand is seen by customers and suppliers alike and this has happened to brands that seem to “deliberately” play fast and loose with the rules. The publicity following your advert being banned can bring other skeletons out of the cupboard and into public knowledge.

For example, Brewdog had 3 upheld complaints in 11 months. And following the publicity these created, there were allegations concerning how they treated their staff, which again made the headlines.

Whether these issues would have been so newsworthy were they not already in the headlines for their advertising practices is an interesting question.

The lesson here is to avoid attention from the ASA if you can, and certainly don’t go looking for it!

Next time…

… who are the ICO and what do they do?