View more on these topics

ASA bans Yes Loans UK ad

The Advertising Standards Authority has banned a text message advertisement sent by Yes Loans UK Ltd, based in Cwmbran.

The SMS ad, for loans, stated “Hi XXX we have received your loan enquiry please call Yes Loans on XXX or reply yes for a callback txtSTOP2optout”

The ASA received two complaints which both said they had not enquired about a loan, they challenged whether the ad was likely to mislead, because it was not clear it was a marketing communication.

They also questioned whether it complied with the CAP Code, because it was sent without the explicit consent of the recipients.

Yes Loans UK Ltd said it sent SMS messages in response to enquiries where consumers had expressed an interest in acquiring a loan. It said the message was worded to reflect the fact it was not an unsolicited communication and was sent only when they received an enquiry via their website or an affiliate provider.

It said the first complainant had received the message as the result of an error; data had been sourced from an old file and it had reviewed the database it currently used for processing SMS messages and found no record of that having happened in other instances.  

Yes Loans said the second complainant had submitted an application for a loan in 2007.

But the ASA said it was concerned that it was sent to the first complainant without her explicit consent.  

It also noted the second complainant had consented to being contacted by Yes Loans, however, he had done so more than two years before they contacted him.  

It also noted that by agreeing to the terms and conditions, the complainant had not provided explicit consent to receive marketing material by SMS.

The ASA ruled that the ad must not appear again in its current form.

It told Yes Loans to ensure marketing communications were designed and presented in such a way that it was clear they were marketing communications.  It also told it to ensure its databases were accurate and up-to-date and it had the explicit consent of consumers before sending marketing communications to mobile devices.


Sally Laker

A rigged game of give and take

It’s pretty worrying if tinkering with Stamp Duty is the best Labour can come up with as the centrepiece of its pre-election Budget, says Sally Laker, managing director of Mortgage Intelligence Holdings

Deal with defunct Network Data costs Manchester dear

Manchester Building Society has lost £2.5m due to the collapse of Network Data Holdings after it sold its broking arm to the network. In 2008 the society disposed of its loss-making subsidiary Mort-gage Broking Services Limited to Network Data Holdings in exchange for shares in the network. But Network Data went into administration in 2009 […]


Get to grips with complex cashflow

In such a difficult market, it is imperative that your business stays on top of its cashflow accurately and efficiently. It is equally important that your firm’s business writers are paid in the same manner. Ensuring staff are paid on time, which can result in staff satisfaction and loyalty, is key to a successful business. […]


Movers and shakers

Alan Mathewson to take over at Abbey as Ricky Okey leaves Abbey for Intermediaries is to have a new man at the helm following Ricky Okey’s decision to leave the lender. Alan Mathewson (pictured), currently director of parent Santander’s bancassurance division, will assume the managing director role at Abbey in May subject to Financial Services […]


News and expert analysis straight to your inbox

Sign up
  • Post a comment
  • steve 7th April 2010 at 2:24 pm

    This is the organisation which was run by a disqualified director and operated without a consumer credit licence and has been investigated for charging illegal fees. When will the OFT show it’s teeth?