WH Smiths Reply

On the 15 April I got a reply, detailed below. I pointed out that the customer supplied a false address which ended up in my inbox so I didn't feel this was in fact "permission" to send me email. I never received any more email. The ASA wouldn't take the problem on as the email was sent before the start of their new guidelines. Next time ....

Please quote ref 398493

Dear Mr Dorrans

Thank you for your e-mail expressing your concern after receiving our e-mail advertising our gift ideas for Mothers Day. I hope you will forgive the delay in my reply.

In response to the specific points you have raised, the advertising code of practice states:-

'22.1....Unsolicited e-mail marketing communications should be clearly identifiable as marketing communications without the need to open them....'

As this communication was from WHSmith Clubcard, and the subject line was 'Great gifts for Mum, from under £5' we consider that this was in compliance with the code.

'43.4....The explicit consent of consumers is required before:

'c. Marketing by e-mail...., save that marketers may market their similar products to their existing customers without explicit consent so long as an opportunity to object to further such marketing is given on each occasion.'
The email address MSWEETLOVE@BANN.CO.UK was supplied to us by a member of our Clubcard scheme as his valid address. The same customer did not tick the box to opt out of further communications from us and so we have his permission to contact him. At the bottom of the email is a link to unsubscribe, thus fulfilling the requirements of the code.

WHSmith operates responsibly with the best interests of its customers at heart and we certainly do not wish to cause anyone offence. As the above email address is obviously not correct for the person concerned, we have immediately removed it from our database to ensure you don't receive any further e-mails from us.

I am sorry for any upset we have caused you. If I can help you further, please don't hesitate to contact me.

Yours sincerely

Andrea Gingell
Customer Communications Team Manager

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