Two complainants received a message from Data Supplier stating: “We have been trying to contact you regarding your PPI Claim, we now have details of how much you are due, just reply CONFIRM and we will call you back”.
A second complainant received a text from the same Mumbai-based company which reads “Our records indicate you may be entitled to £3750 for the accident you had. To claim for free just reply CLAIM to this msg. To stop text STOP”.
The texts breached the terms of the UK code of non-broadcast advertising, sales promotion and direct marketing, relating to misleading advertising, substantiation and database practice.
Data Supplier did not respond to the ASA’s enquiries but the company has been instructed not to send texts to consumers again unless they have their explicit permission.
The ASA says: “The ASA was concerned by Data Supplier’s lack of substantive response and apparent disregard for the Code, which was a breach of CAP Code rule 1.7 (Unreasonable delay). We reminded them of their responsibility to provide a substantive response to our enquiries and told them to do so in future.”
“We noted that we had not seen any evidence to show that the recipients of the texts had given their explicit consent to be included on the Data Supplier’s database. We also understood that none of the recipients had recently had accidents or considered themselves to be eligible to make a PPI claim, and that the texts did not identify who the message had been sent from. For those reasons we concluded that the texts were unsolicited and misleading, and were therefore in breach of the Code.”