Public Report of Non-Compliant Companies

ANA’s self-regulatory guidelines and procedures are meant to help individual companies and the data-driven marketing industry as a whole maintain high ethical standards. Oftentimes, companies are not aware that a particular promotion or practice has the potential for causing consumer confusion or contributing to a negative image of data-driven direct marketing. ANA believes the work of its Ethics Committee and Accountability staff help ensure that high ethical business standards are maintained and consumer confidence in direct marketing is enhanced.

In some instances, companies do not respond to ANA’s concerns and/or fail to come into compliance. These companies are included below.

If you have any questions about these cases, or would like to request that our Accountability staff review a promotional offer, please contact us at ethics@ana.net or to file an ethics complaint here.

 

Ongoing Cases as Published by the ANA Ethics Committee

Companies publicly listed for being out of compliance with ANA Guidelines and/or referred to federal/state authorities based on findings.

Online Ad Compliance Issues

OilandEnergyInvestor.com (online ad served on Money Map Press company site) | Maryland

- Issue: Potentially deceptive online ad seeking investors for a new universal fuel "Oro Blanco" or "OBL."

- Violation: Honesty and Clarity of Offer; Accuracy and Consistency; Actual Conditions; and Testimonials and Endorsements. [September 2018]

Delighted Slim Tea | California

- Issue: Potentially deceptive online celebrity advertising.

- Violation: Honesty and Clarity of Offer; Accuracy and Consistency; Actual Conditions; and Testimonials and Endorsements; Decency; Photographs and Artwork; Accessibility. [September 2018]

Banyan Hill Publishing | Delray Beach, FL

- Issue: Referring consumers to “DMA” for removal of Banyan Hills Publishing online ads; privacy policy is not IBA compliant – not providing enhanced notice and choice regarding IBA and potential issues with CAN-SPAM compliance.

- Violation: #1 Data Definition (IBA, Transparency & Choice), #3 Transparency (Point of contact for consumers), #4 Choice (providing means and honoring consumer choice in timely manner), #14 Compliance with laws (potential violation of CAN-SPAM) [December 2019]

Netgear | San Jose, CA

- Issue: Inadequate enhanced notice and choice for compliance with Interest-Based Advertising.

- Violation: Part I. Data: #1 Data Definition (IBA, Transparency & Choice), #4 Choice (providing means and honoring consumer choice in timely manner) Part II. Marketing: #14 Compliance with Regulations (DAA Principles), Consumer Control – Third Party Choice for Behavioral Advertising [July 2019]

Direct Mail Compliance Issues

Vacation Consulting Services | Springfield, MO

- Issue: Disclaimers/conditions not clear on mailing and issues with delivery of prizes offered

- Violation: Honesty and Clarity of Offer; Accuracy and Consistency; Clarity of Representations; Disclosure of Sponsor and Intent. [September 2018]

Team One Chrysler Dodge Jeep Ram of Gadsden | Alabama

- Issue: Name removal process doesn’t follow industry standards.

- Violation: Accessibility; Honoring Consumer Choice [September 2018]

CDJR | New Orleans, LA

- Issue: Disclaimers/conditions not clear on dealership mailing and issues with delivery of prizes offered; offer was allegedly sent after expiration of prize promotion

- Violation: Chances of Winning; Prizes; Disclosure of Rules [September 2018]

JFQ Lending | Scottsdale, NY

- Issue: Promotional offer’s copy is potentially deceptive; giving false sense of urgency; appearance of coming from the government – no response from organization.

- Violation: #1 Honesty & Clarity, #3, Clarity of Representations, #8 Disclosure of Sponsor & Intent, #10 Solicitation in Guise of Invoice/Government Notification [December 2019]

For more details, view these previous Ethics Reports: