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.
APPEALS
Where the Commission concludes that a DMA member is in breach of the Code the member is entitled to appeal against that ruling.
Members must submit an appeal in writing to the Independent Appeals Commissioner within 14 days of the Commission communicating a decision to them.
The Independent Appeals Commissioner will hear an appeal on one mor more of the following grounds only:
a) substantial new evidence has emerged affecting the reliability of the original decision
b) the decision is unreasonable in the circumstances
c) the Commission’s procedures have not been adhered to, with the result that the appellant’s position has been prejudiced and/or
d) the Commission has acted ultra vires.
Where the Independent Appeals commissioner agrees to hear an appeal, a hearing will be convened by notice given within 30 days of submission of the appeal.
For further details please contact the Secretariat on dm@dmcommission.com
