an ncylc e-bulletin

Issue #1: June 2003

DIRECT MARKETING OF MINORS

Introduction
Addressed mails and faxes
Unsolicited telephone calls
ADMA National Preference Scheme

Introduction

Earlier this year, we received a query from a young person who was the unfortunate recipient of unsolicited mails and phone calls from a company wanting to promote their products. Wasn't what the company doing illegal? Surely companies were prohibited from directly marketing their products via phone calls and mails to children? Surely there were privacy laws prohibiting companies from obtaining names and addresses of children to send their promotional material to, right? Wrong.

After speaking to a representative from the NSW Privacy Commissioner, we discovered that the Federal Privacy Act does not specifically prohibit direct marketing of minors.  Essentially, the question comes down to how the company received the minor's details and for what purpose they were initially sought.

In the interim, to get themselves removed from the company's mailing list, the young person would have to follow the normal procedures as detailed on the Privacy NSW (Office of the NSW Privacy Commissioner) website ie:

Addressed mails and faxes

To have your name removed from a specific mailing or fax list, write to the organisation sending you the material. You can also send your letter by fax.  In your letter, ask the organisation to:

  • delete your details from any list in their possession
  • confirm to you in writing that they have done so.

If you receive the material by mail, try to enclose the original envelope sent to you, or at least the address label, with your letter. Make sure that you keep a copy of your original letter or fax.

If you do not receive a satisfactory reply within a reasonable time, write to:

The Executive Director
Australian Direct Marketing Association (ADMA)
PO Box 464
KINGS CROSS NSW 2011
Telephone: (02) 9368 0366

Give them full details, and a copy of your first letter/fax. If you are still unsuccessful then send a copy of your letters to both the organisation and the ADMA to:

Privacy NSW
PO Box A2122
SYDNEY SOUTH NSW 1235
Phone: (02) 9268 5500
Fax: (02) 9268 5501

Unsolicited telephone calls

To have your details removed from a list used for unsolicited telephone calls, you should, when receiving the call, find out:

  • the name of the caller
  • the organisation's name
  • the mailing address
  • the phone number
  • who to address your letter to have your details removed.

You should also note the date and time of the call. You should then write to the organisation ensuring that you inform them of the date, time and caller's name. Ask the organisation to:

  • delete your details from any list in their possession
  • confirm to you in writing that they have done so.

Make sure that you keep a copy of your letter. If you don't receive a satisfactory reply within a reasonable time, write to the ADMA enclosing a copy of your letter requesting removal from the list.  If the ADMA is unable to resolve your complaint, then send a copy of both letters to Privacy NSW.

ADMA National Preference Scheme

To stop receiving all unsolicited faxes, mail or phone calls, you can contact the Australian Direct Marketing Association and ask them to put you onto their National Preference Scheme.

Your details are placed on a disk and circulated to all their members. This disk is "washed" against the member's records and any names that appear on both are "tagged" on the member's lists. Your details will not be removed but you will no longer receive unsolicited mail from that source.

If you are placed on the National Preference Scheme you remain on the scheme for one year. You need to specify which scheme (phone, fax or post), you wish to be placed on when you call.

Corinna Elliot and Chelyn Woon