All Articles in Regulatory
CAP and BCAP consult on obesity in weight loss ads
Providers of lifestyle management weight loss programmes feel it is unfair their ads can only mention obesity where participants are placed under the care of a healthcare professional. Now change is on the cards. Nick Johnson reports.
ASA upholds BT complaint over Talk Talk campaign
A press ad for Talk Talk’s “Simply Broadband” package made a “half price” offer of £1.75 a month. BT complained that the reduction was not genuine as £3.50 had not been charged for long enough. Fiona Schneider reports.
Appeal judges say the Data Protection Act is “incorrect” in historic Vidal Hall & Ors vs Google judgment
In a ground breaking judgment in a behavioural advertising case brought against Google, the Court of Appeal has potentially changed the regulatory game, and not in a good way, for online advertisers. Stephen Groom reports.
Amazon Prime free trial offer probed by ASA
A mailing to Amazon account holders offered a 30 DAY FREE TRIAL of its Prime service. Small text in a covering letter said “Paid subscription starts automatically after free trial unless cancelled”. Was this clear enough? George Garrard reports.
Mooted relaxation of Olympic Charter Rule 40 causes furore
Rule 40 bans athletes from appearing in any advertising for non-sponsors during the Games Period. It is a key part of the protection that gives Olympic sponsorship its enormous value. Now there is a move to relax the rule. Nick Johnson reports.
Should social gaming be governed by gambling laws?
The Gambling Commission has investigated social gaming to determine whether it should be regarded as commercial gambling and regulated under the Gambling Act 2005. Are existing consumer protection laws and regulations not enough? Thomas Spanyol reports.
Internet Advertising Bureau produces native ad disclosure guidance
Transparency is often a concern in so-called “native advertising” where editorial content includes advertising messages.. To help, the IAB has published “Content and Native Disclosure Guidance” to help marketers comply with consumer laws and the CAP Code. George Garrard reports.
Easter to see scrapping of “substantial damage” threshold
From 6 April 2015, the ICO can fine nuisance marketers up to £500,000 without establishing likely substantial damage or substantial distress, but what types of marketing will this extend to and what must ICO still establish? Stephen Groom reports.
Appeal by PLT Anti-Marketing provides guidance on CPRs
PLT charged a monthly fee for a service including registration with the UK “do not call” list, but failed to tell customers that this was otherwise available free of charge. Was this an illegal “misleading omission”? Barney Sich reports.
Online travel insurer Staysure.co.uk fined £175,000 for data lapse
Following an attack by hackers, three million customer records were put at risk and details of 5,000 payment cards were compromised. Had PCIDSS rules for processing credit card data been adhered to? Chloe Deng reports on the ICO’s findings.
Now the sky’s the limit for magistrates’ fines for ad, sales and data law breaches
On 12 March 2015, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No.11) Order 2015 became law and quietly revolutionised Magistrates’ powers to impose fines for breaches of advertising, trading and data laws. Stephen Groom reports.
