New Direct Marketing Penalties

The Data Protection Commissioner’s office is advising direct marketers about new regulations and penalties for unsolicited communications by telephone, fax, email and text message.

If a subscriber receives unsolicited communications, the onus is on the defendant to prove that the subscriber signed up for the service.

The penalty has been raised from €3,000 to €5,000 for a summary offence tried in the district court.

Unsolicited communications can now also be tried in the circuit court as an indictable offence.

In the circuit court, the maximum fine for a company is €250,000. But if 10% of the company turnover is greater than that amount, then the fine will be 10% of the turnover. For any non-corporate individuals who send out unsolicited communications, the fine is €50,000.

There’s also the standard provision for the prosecution of an employee of the company as well, whether or not the company has been prosecuted or convicted.

Billy Hawkes, the Data Protection Commissioner, has said unsolicited communications for direct marketing purposes – email, telephone, fax or text message - may be a criminal offence and ignorance of the law is not an acceptable excuse.

Email Marketing in a Recession

Send a Welcome Email: Email marketing is all about building a long term relationship with your customers. Sending a welcome email will remind people that they signed up in the first place and will also welcome them to your business. A short email thanking them for joining, reminding them about your contact details and pointing them to helpful resources on your website like an article or tour will show the customer that you’re interested in them.

Send Fewer Ezines: Consumers haven't completely stopped spending - they're just being more careful on what they spend their money on. Blasting your customer with ezines every week will just make them want to delete your email, not open it. If they can’t afford it now, they won’t be able to afford it next week.

Quality not Quantity: Focus on your ezine content. People want to save money so give the customer what they want. If you’re running a hotel in Dublin, include a list of free concerts or cheap and cheerful restaurants in the local area.

Segment your Database & Send Targeted Email Campaigns: Are your customers saving their money for the bank holiday in May, June, August or October? The customers who want the special offers will appreciate being asked.

Create a Landing Page on your Website for each Email Campaign: Set up specific landing pages on your website for your email campaigns that give the customer more details about what they’ve just seen in your email, especially when you’re advertising special offers. Plus, if you can see which links they’ve clicked on, you’ll know which offers will work in the future.

Reward your Existing Subscribers: Be nice to the people who’ve stayed with you through the good times. They may be loyal enough to stay with you in the bad times too.