Consumer rights

Direct marketing may be refused

Direct marketing refers to marketing communications for a product or service delivered directly to the recipient.

Some consumers find all or certain types of direct marketing a nuisance. Direct marketing can, in fact, be refused. The method of refusal depends on the form of direct marketing involved.

Unaddressed direct marketing may be refused by attaching a notice of refusal on the mailbox.

Marketers are entitled to send direct marketing by mail unless the recipient specifically refuses it. Unaddressed advertising delivered to all mailboxes may be refused by attaching a ”no advertisements” or ”no freely distributed mail” note on the mailbox.

The refusal to receive unaddressed advertising applies to all unaddressed marketing materials, and it can't be made only partially to apply to certain advertisements or advertising types.

The refusal to receive advertising may also mean that free newspapers or magazines funded by advertising will not be delivered to that mailbox.

Addressed direct marketing may be refused by notifying the Finnish Direct Marketing Association or the advertiser directly.

According to the Personal Data File Act, everyone has the right to refuse having their personal information used for direct marketing purposes. The Finnish Direct Marketing Association maintains a register of individuals who do not wish to receive addressed direct marketing. The members of the Direct Marketing Association honour the refusals recorded in this register. The refusal may be filed by mailing a card available at all post offices.

To refuse advertising by post from a company which is not a member of the Finnish Direct Marketing Association one must contact the company in question directly. The same applies for refusing customer mailings. The Finnish Direct Marketing Association register does not apply to marketing materials sent on the basis of customership.

Telephone sales calls may be refused for 3 years at a time by notifying the Finnish Direct Marketing Association.

Telephone sales is governed by the same principles as advertising by post, which means that companies are entitled to make marketing phone calls to the consumer unless he has specifically refused it.

The Finnish Direct Marketing Association maintains a register for refusals of telephone marketing. Consumers can add themselves to the register by calling 0600 13404 between 8.30 am and 6 pm on weekdays (EUR 0.39/min + local network charges).

The fees charged for the phone calls are used to cover the costs of maintaining the register. The refusal of telephone marketing may only be made for a telephone line whose subscription contract is in your own name. The refusal may not be made on another person's behalf.

The refusal is valid for 3 years at a time. Due to the process required to forward the refusal information to member companies and databases, it takes approximately 1-3 months for the refusal to take effect.

Sending electronic direct marketing requires the recipient's permission

When direct marketing is sent via e-mail, SMS, voicemail or MMS, advance permission from the recipient is required. If the consumer has not given this permission, the company sending the marketing message is in breach of law. Compliance with this is monitored by the Data Protection Ombudsman.

Companies may send electronic direct marketing without advance permission from the consumer in the following exceptional circumstances:

  • it has received the contact information in conjunction with customership and the message only markets products or services that are similar to the product or service purchased at the time the company received the contact information,
  • the consumer was informed at the time that the company may send electronic marketing messages,
  • the consumer was informed that he has the right to refuse such messages

Companies may not request payment, return or other action for products shipped without an order

Companies may advertise their products by sending free samples, which is permitted. Consumers may refuse this kind of marketing by contacting the company directly.

Companies may, however, not demand payment, return, safekeeping or other action by the consumer with regards to products sent without an order.


Related topics

  • Distance selling

Related links

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07/07/2011