Appeals/Sanctions
Sanctions
The Commission has a range of sanctions that it will apply proportionately, depending on the seriousness of the issue or complaint. These include: the requirement to sign a formal undertaking to comply with the Direct Marketing Code; a formal recommendation to the DMA, where appropriate, that its member has failed to conform with the DMC’s ruling and should be suspended or expelled from the Association (this deprives the member of an extensive range of services that are valuable to its business); adverse publicity where the outcome of the Commission’s ruling is placed on its website and made available to the media; referral to law enforcement bodies such as the Office of Fair Trading, Trading Standards Authority, Information Commissioner’s Office etc.
The DMC has no statutory powers or sanctions over non-members but encourages non-members to adhere to the high standards of the Direct Marketing Code.
Appeals
If any party to a complaint is concerned about the way in which the Commission has handled their complaints, they can ask the Independent Appeals Commissioner to conduct a review.
The Appeals Commissioner will investigate the matter and report his findings to the party or parties complaining and to the Commission. If he concludes that the complaint has been handled inappropriately or inadequately, he will inform the Commission and recommend that they review their actions and findings; any decision taken to reiterate or substitute their original adjudication will rest with the Commission.
The Appeals Commissioner should receive complaints within 14 days of the conclusion of the complaint being notified to the parties. Only those that are party to a complaint may ask for it to be reviewed by the Appeals Commissioner.
Once the Commission has confirmed or substituted its earlier decision, that decision shall be final and binding.
The Board of the DMA appoints the Appeals Commissioner, who remains entirely independent of both the DMA and the DMC in his decisions, after appropriate consultation.
To contact the Appeals Commissioner write to:
John Bridgeman CB, TD
Office of the Appeals Commissioner
c/o Direct Marketing Commission
70 Margaret Street
London W1W 8SS
