Is the MPS now mandatory?
 
 

Is the MPS now mandatory?

by richardh 21. September 2010 09:25

Traditionally, the Mailing Preference Service has always been just short of a legal requirement. It has always been industry best practise and a requirement of the DMA Code of Practise, but did you know that MPS Screening should now be performed on all cold prospect mailings under the CAP Code?

The 12th edition of The UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing (CAP code) came into force on 1 September 2010. Complying with the code can help avoid reputational and commercial damage that can come with an upheld ASA adjudication. The CAP Code is not statutory but it is not without teeth: any consumer on your prospect list could initiate a complaint to the ASA, and now media and industry organisations that subscribe to the CAP Code are refusing advertising space to anyone who breaks the Code.

Additionally, in the opinion of the DMA and other industry bodies, it is now a legal requirement under The Consumer Protection from Unfair Trading regulations 2008 to screen against the MPS. It is unclear at this stage whether any company has actually been penalised by the Unfair Trading regulations in regards to MPS Suppression. However, there are at least 5 companies who have had complaints upheld by the ASA regarding improper use of the MPS. As always, it is important to seek your own legal advice on this specific issue.

Data8 offer MPS Suppression (including MPS deceased) at very competitive rates along with a host of other data cleansing services.

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