Informal cases
Most cases are informally resolved and you can find out more about our investigations below and in our latest annual report here.
Between 1st January and 31st December 2024, the DMC recorded 38 complaints against businesses in the data-driven marketing sector. These also included non-member complaints and, where appropriate, the Secretariat referred these to other statutory or self-regulatory bodies. In some cases, particularly those relating to concerns from consumers who were unable to unsubscribe from unwanted emails, the Secretariat contacted businesses that lie outside of membership to inform them of their legal commitments and request that they unsubscribe the individual’s email address. The majority of businesses responded positively to this approach.
Issues raised by consumers and businesses included the following areas of concern: unwanted emails, mailings and telephone calls, privacy & data protection concerns, contractual disputes and claims of unclean data.
When is a case informally investigated ?
Those complaints which are resolved informally by the Secretariat without the need for any formal action may or may not concern minor breaches of the DMA Code. They will generally concern issues that are do not affect large numbers of consumers, where the possible harm is negligible and where the companies involved demonstrate their willingness to put things right. However, on occasions we formally remind a company of its obligations to adhere to the Code. This may occur where there are minor breaches, where this fact is accepted by the member company, but where a formal investigation would be disproportionate and where the Secretariat thinks it is right but enough to make sure the company is fully aware of its obligations for the future. The Secretariat must be satisfied that appropriate remedial action has been taken, and that the matter is not serious enough for a formal investigation. These decisions by the Secretariat are based on criteria set by the Commission and are reported to Commissioners to ensure the right balance is being struck.
‘Informally resolved’ complaints are investigated and resolved to the satisfaction of the Secretariat with no further action deemed necessary.
Complaints ‘informally resolved’ by the Secretariat may include:
a. minor customer service issues e.g., non-receipt of goods, unsolicited goods, faulty goods, poor quality goods, delivery or collection problems, poor advice/customer service; account errors.
b. consumer misinterpretation or misunderstanding of their own or the company’s obligation.
c. minor data issues e.g., unwanted emails, unwanted mail, incorrect personal details, technical problems – issues that are not regularly reported against one specific company or do not affect large numbers of consumers.
d. business to business cases where there is no easily identifiable breach (for example, contractual disputes) – alternative dispute resolution mechanisms may be advised.
If there is a minor breach of the Code then a ‘reminder of obligation’ may be issued which serves as a reminder to the company of their obligations under the code.
These reminders are made in particular to those companies who do not appear sufficiently aware of the Code’s requirements or if it is not clear as to whether or not there has been a breach.