Formal cases and adjudications
How do we process formal cases...
Some cases require a formal investigation and adjudication. DMC adjudications provide guidance to practitioners in the industry on how the DMA's Code is interpreted and act as a record of DMC rulings and policy.
Those cases that the Secretariat consider should be ‘formally investigated’ (that is, to undergo a formal process of investigation and adjudication) are presented to the Commission for adjudication.
Any adjudication is based solely on compliance with the DMA Code and it does not, and cannot make comment on the lawfulness or not of the members’ actions.
You can find a list of our adjudications below.
When is a case formally investigated ?
Complaints ‘formally investigated’ i.e., adjudicated by the Commission may include:
a. serious breaches of the Code which might result in damaging the public image of direct marketing: serious breaches of marketing rules; mis-selling of goods; unclean data etc.
b. repeated complaints against one company which indicates a particular concern e.g., inefficient customer service, poor data processing, silent calls, difficulty unsubscribing from emails, unwanted mail. Or the company may simply be experiencing an increasing level of complaints. Not every ‘individual complaint’ that shows evidence of a Code breach is necessarily upheld; any number of complaints can be upheld at one time.
c. minor breaches of the Code which may affect large numbers of consumers. Even if there is only one complaint, many consumers who do not complain could be affected.
d. cases where the company fails to respond to the Secretariat.
See our latest adjudications below.
We Breathe Media – Complaints about direct marketing
This case looked at concerns raised by a complainant who was in receipt of a number of unwanted emails. The member runs an affiliate network and the affiliate had sent out emails frequently to the complainant promoting different brands. It appeared that only one of the brands involved was connected to the member’s network...
The Bradford Exchange – complaints about direct marketing
The DMC investigated a complaint from the daughter of an elderly and vulnerable lady who had received a coin she said she did not order. The complainant’s mother had returned the coin to the member but her account was still passed to debt collectors. A number of unsuccessful attempts had been made to contact the...
Postra Communications Ltd
The DMC investigated complaints from two businesses who had ordered a door drop delivery. Neither complainants were satisfied that the deliveries had been carried out adequately and they had both described their relationship with the member as strongly lacking in terms of engagement, responses and assurance that their leaflets had been delivered.