Scams - Advertising and Sales Promotion

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Scams - Advertising and Sales Promotion


The ASA may be contacted with complaints about any misleading promotions, as they may be in breach of the British Codes of Advertising and Sales Promotion. If a complaint is upheld the advertiser is asked to amend their mailings. Should the advertiser fail to comply, CAP may also circulate an Ad Alert to members in the direct marketing industry asking them to check advertising by the company with the CAP Copy Advice team before carrying their mailings.

For further information, click on the links for Editorials by the ASA about prize draw promotions,

ASA Editorial: 'Beware of promises of riches from abroad'
ASA Editorial: 'Who Wants to be a Millionaire'

If you wish to pursue a complaint about a misleading promotion you have received you can write to the ASA describing clearly why they think the mailing is misleading and enclosing the original mailing envelope (if possible). Their address is,

The Advertising Standards Authority
2 Torrington Place,
London
WC1E 7HW.

Website: www.asa.org.uk

You can also complete an ASA complaints form on the link below, and submit you complaint directly to the ASA. ASA Complaints Form

Companies House

Companies House has three main functions:

• the incorporation, re-registration and striking-off of companies;
• the registration of documents that must be filed under company, insolvency and related legislation;
• the provision of company information to the public - for this purpose Companies House enforce compliance with legal requirements.

Companies House can be contacted at:

Companies House
PO BOX 29019

21 Bloomsbury Street
London
WC1B 3XD

or email them via thier web site: www.companieshouse.gov.uk

The Department of Culture, Media and Sport (DCMS)

The DCMS is responsible for legislative regulation of competitions and lotteries. They advise the public that where there is doubt about the authenticity of any particular scheme, they should not participate in it. If you want to take it further, pass it on to the police for possible investigation. The police are the enforcement authority on these matters; they investigate allegations of fraud or dishonesty.

Schemes which ask you to send money to people on a list then add your own name to the list and send out more copies of the letter are probably illegal under the Lotteries and Amusements Act 1976. The DCMS has responsibility for the legislation.

However, the law in this area is complex and only a court can say authoritatively whether a particular scheme is unlawful.

The DCMS can be contacted at:

The Department of Culture, Media and Sport
2 – 4 Cockspur Street
London, SW1Y 5DH

www.culture.gov.uk

FAQ - DCMS Fact Sheet about prize draws.

FAQ - DCMS Fact Sheet about chain letters.

Direct Marketing Association (DMA)

The Direct Marketing Association (UK) Ltd is Europe's largest trade association in the marketing and communications sector. It promotes best practice through DMA codes of conduct and the DMA Awards, and provide up-to-the minute information, research and legal advice.

The DMA manages programmes to protect consumers against bad practice and increase consumer trust, including the DMA Preference Services schemes and Trust UK for e-commerce.

The DMA can be contacted at:

DMA (UK) Ltd

DMA House
70 Margaret Street
London
W1W 8SS

Tel: 020 7291 3300
Fax: 020 7323 4165
Email: dma@dma.org.uk
Website: : www.dma.org.uk/shared/whoweare.asp

Direct Selling Association (DSA)

The DSA is a trade association for the Direct Selling Sector and seeks to promote:

• The overall benefits and a better understanding of the Direct Selling channel of

distribution;
• The highest standards and fair trading through its independently administered

Codes of Practice;
• The wide range of flexible, independent earnings opportunities provided by

Direct Selling Companies;
• The benefits of buying from or working with a DSA Member Company.

Enquiries about whether the operators of particular trading schemes are members of the DSA (and therefore subject to its complaints procedure and codes of practice) or complaints against member companies can be addressed to:

The Direct Selling Association

29 Floral Street

London, WC2E 9DP

Website: www.dsa.org.uk

The Department of Trade and Industry has issued a guidance booklet ''The Trading Scheme Guide'' which outlines the provisions of current legislation regulating trading schemes.

Financial Services Authority (FSA)

Under the Financial Services and Markets Act 2000, the FSA are the single statutory regulator responsible for regulating deposit-taking, insurance and investment business. The FSA are also responsible for tackling market abuse, promoting public understanding of the financial system and reducing financial crime.

The FSA can be contacted at:

The Financial Services Authority,
25 The North Colonnade,
Canary Wharf,
London E14 5HS

Consumer Helpline: 0845 606 1234 (local call rates)
Web site: www.fsa.gov.uk/consumer/

The Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS)

ICSTIS is the industry-funded regulatory body for all premium rate charged telecommunications services. ICSTIS’ purpose is to establish, maintain and ensure compliance with appropriate standards of protection for users of premium rate information and entertainment services and, in doing so, contribute towards the development of the industry. It can investigate complaints and has the power to fine companies and bar access to services. In addition, it offers free advice and guidance to both existing and new service providers.

Consumers can submit a complaint online by completing the online complaints form (www.icstis.org.uk) or alternatively they can telephone, fax, or write to ICSTIS as follows:

ICSTIS
FREEPOST
WC 5468
London SE1 2BR

Telephone: 0800 500 212 (free call).

Lines open Monday to Friday 9:00am to 4:00pm

Fax: 020 7940 7456. Lines open 24 hours

National Group on Homeworking

The National Group on Homeworking is a non-governmental organisation which campaigns for improved employment rights and condition for homeworkers.

Any homeworker in the UK seeking advice can call a free Advice and Information Line on 0800 174 095. (Lines are normally open Monday to Friday from 10am to 12:30 pm and 1pm to 3:30pm.)

Website: http://www.homeworking.gn.apc.org/

Office of Fair Trading

The OFT's International Liaison Section has an interest in "scam" mailings which originate outside of the United Kingdom. They would be pleased to receive your complaints and any unwanted unsolicited mailings that you consider to be misleading or deceptive.

Since February 2002, the Office of Fair Trading has been able to pursue 'rogue traders' operating from other member states of the European Community. The OFT now has the power to seek an injunction to enforce existing consumer protection legislation emanating from European Directives. This includes law on misleading advertising. The new powers provide the OFT with a potentially speedier means of taking action against traders infringing legislation and harming the collective interests of consumers.

Where the trader is based outside Europe, the OFT work with their counterparts overseas, under the auspices of the International Marketing Supervision Network. Their principal objective is to encourage practical action, through the co-operation of national regulatory bodies, to prevent and remedy cross-border marketing malpractices.

You can write to the OFT at:

The Office of Fair Trading
International Liaison Section
Fleetbank House
2-6 Salisbury Square
London, EC4Y 8JX

or email: euroteam@oft.gsi.gov.uk
Website: www.oft.gov.uk

The OFT website also has information for consumers about prize draw promotions. Click on the links below to view.

OFT Press Release - 'No real sur-prizes'

OFT Press Release – ‘Psychic threats through your letterbox’

Organisation for Timeshare in Europe (OTE)

The Organisation for Timeshare in Europe (OTE) is the official trade association representing companies and individuals with legitimate interests in the industry in Europe, North Africa and the Middle East. It aims to promote, develop and represent the timeshare industry so that legitimate commercial and consumer interests can be satisfied.

The OTE Consumer department can be contacted at:

Organisation for Timeshare in Europe
Consumer Services Department
15-19 Great Titchfield Street
London, W1W 8AZ

Tel: 020 7291 0901
e-mail: info@ote-info.com

The Patent Office

The role of the Patent office is to stimulate innovation and enhance the international competitiveness of British Industry and commerce. It provides a system both national and international, for granting intellectual property rights.

The Patent Office have produced a step by step guide to using invention promotion firms

The address of the London Front Office is:

The Patent Office
Harmsworth House
13-15 Bouverie Street
London EC4Y 8DP

Central Enquiry Unit phone lines are open 09:00 to 17:00
08459 500 505 (charged at local rate)

Website: www.patent.gov.uk

Rip-Off Tip-Off

This website is sponsored by Trading Standards Departments and is designed to let consumers report, anonymously, traders who they think are think are 'ripping-off' the UK public. Complaints and information is fed back to the relevant local Trading Standards Department for action.

Website: www.ripofftipoff.net

Trading Standards Departments

Local Trading Standards Departments can investigate complaints about scams and rogue trading operating in their areas of responsibility. Their telephone number can be found in the phone book - under "Local Authority". Alternatively, you can access the Trading Standards Central website, supported and maintained by the Trading Standards Institute. This includes a facility enabling consumers to identify the Trading Standards Department relevant to their postcode.

Website: www.tradingstandards.gov.uk

 

 


 
Thanks to the DTI for making this information available

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