Direct Marketing Commission - Enforcing Higher Industry Standards

Data & Marketing Commission

FAQs

FAQs




Q. How can I complain?

Anyone can complain to the Data & Marketing Commission free of charge either through our online complaints form or by contacting us directly at dm@dmcommission.com.

The Data & Marketing Commission (DMC),

1st Floor, Rapier House,

40-46 Lamb’s Conduit Street,

London, WC1N 3LJ

Telephone: 020 7291 3350

Q. What are the Preference Services ?

The DMA runs a number of preference services that allow consumers and businesses to opt-out of unsolicited marketing communications via telephone, mail or fax.

The preference service files list all contact numbers or addresses that consumers have chosen to block from receiving unsolicited one-to-one marketing.

For marketers, screening contact lists against these files is often a legal requirement – and also saves the resources, money and brand damage of marketing to consumers who either cannot or do not want to receive it.

The Mailing Preference Service (MPS) is a free service set up in 1983 and funded by the direct mail industry to enable consumers to have their names and home addresses in the UK removed from lists used by the industry. It is actively supported by the Royal Mail and all directly involved trade associations and fully supported by The Information Commissioners Office (ICO).

Please click here to find out more.

The Telephone Preference Service (TPS) is a central opt out register whereby individuals can register their wish not to receive unsolicited sales and marketing telephone calls.  It is a legal requirement that companies do not make such calls to numbers registered on the TPS.

The original legislation was introduced in May 1999.  It has subsequently been updated and now the relevant legislation is the Privacy and Electronic (EC Directive) Regulations 2003.

Please click here to find out more.

The Fax Preference Service (FPS) is a central opt out register whereby businesses (and individuals if they wish) can register their choice not to receive unsolicited sales and marketing faxes.  It is a legal requirement that companies do not send such faxes to numbers registered on the FPS.

The original legislation was introduced in May 1999.  It has subsequently been updated and now the relevant legislation is the Privacy and Electronic (EC Directive) Regulations 2003.

Please click here to find out more.

Q. What happens after I complain?

If your complaint falls within the remit of the Data & Marketing Association’s (DMA) Code, then the Secretariat of the Commission will contact the subject of your complaint setting out the grounds on which it has been made, attaching the correspondence you have sent and requesting a response. In instances where a company does not respond or where the Secretariat  considers that the complaint warrants a formal investigation, the case will be presented to the Board of Commissioners for adjudication. Further details of the complaints procedure may be found on the adjudications page.

Q. What is the difference between the Data & Marketing Commission and the Data & Marketing Association?

The DMA is the UK’s trade association for the data and marketing industry. Its vision is a data & marketing industry where every organisation takes a ‘customer-first’ approach. As the voice of the data & marketing industry, its responsibility is to prove the responsible and innovative use of data in marketing drives business growth. It sets the standards for the good of marketers, and most importantly, customers.

The Data & Marketing Commission (DMC) is the body which oversees and enforces the DMA Code.  The Code is an ethical framework that sets the standards for the data and marketing industry. All DMA members should adhere to the Code, demonstrating their commitment to build trust and drive effectiveness in marketing. The Code and DMC aim to ensure companies observe the highest standards of integrity and trade fairly with their customers and with each other, and we do this by investigating complaints against members of the DMA, and scrutinising data driven marketing issues and practices.

The DMC investigates and adjudicates on reported breaches of the Code by DMA members.   If the complaint is not covered by the Code, it will be referred to another relevant organisation.

Q. What sanctions can the Data & Marketing Commission impose?

If a complaint is upheld following adjudication, the DMC has a range of sanctions that it may consider, including the following:

These include:

• A formal recommendation to the DMA

• A formal visit to the member by the DMA

• A formal undertaking from the member to comply with the standards set out in the Code

• A formal undertaking by the member to carry out specific changes in processes, procedures, management or other arrangements to remedy and/or prevent a repeat of the breach/breaches.

The DMC may make a recommendation to the DMA that a member be suspended from DMA membership or have their membership cancelled in cases where the DMC thinks this is necessary and proportionate.

The DMC may refer a member to relevant law enforcement and consumer protection bodies, and will co-operate, including the provision of relevant information, with that organisation as appropriate.