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DMA: Data and Marketing Association
Consumer Help

Public Report of Non-Compliance

DMA’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. DMA believes the work of its Ethics Committees 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 DMA’s concerns and/or fail to come into compliance. This is a listing of the non-compliant companies. If you have questions about these cases or would like to request that our Accountability staff review a promotional offer, please contact us: ethics@thedma.org or to file an ethics complaint here.

Ongoing Cases as Published by the DMA Ethics Committee

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

Company: Tea Party Guard
Issue: No valid means for consumer to contact with marketing preferences.
Violation: Honoring consumer’s marketing preferences. Full Report

Company: The Learning Annex
Issue: Promotional offer to attend seminar “looks” like formal invitation; event sponsor not identified; and didn’t honor opt-out request.
Violation: Terms/conditions of offer; Honoring consumers marketing preferences. Full Report

Company: Life Giving Moments
Issue: “Charitable organization” called people on Do Not Call List with intent to poll or sell.
Violation: Honoring consumer’s Do Not Call request. Full Report

Company: Auto Services Agency
Issue: Warranty offer – appearance of a bill or notification from DMV when it’s a promotional offer.
Violation: Honesty and clarity of offer; Solicitation in guise of invoice/govt notification; Disclosure of sponsor and intent. Full Report

Company: Guardian – IL
Issue: Warranty offer – appearance of a bill or notification from DMV when it’s a promotional offer.
Violation: Honesty and clarity of offer; Disclosure of sponsor and intent; Solicitation in guise of invoice/govt.; Honoring consumer’s marketing preferences. Full Report

Company: United Merchandise Clearinghouse – ME
Issue: No refund received for unordered merchandise.
Violation: Honesty and clarity of offer; Laws – seeking payment for unordered merchandise. Full Report

Company: Conservative Caucus – VA
Issue: Won’t honor emailed or called-in opt-out requests – requires it by postal mail requiring consumers to in effect pay for removal.
Violation: Accessibility; Honoring consumer’s marketing preferences. Full Report

Company: Autumn Cruises.net
Issue: Texted questionable sweepstakes “winning” message to consumer on Do Not Call list.
Violation: Restricted contacts; Use of prerecorded voice & text messaging; Mobile service commercial message solicitation; Caller-id and mobile opt-out request. Full Report

Company: Endurance Warranty Services – IL
Issue: Warranty offer – claiming warranty was about to expire – giving false sense of urgency and appearance of a bill when it’s a promotional offer.
Violation: Honesty and clarity of offer; Disclosure of sponsor and intent; Solicitation in guise of invoice/govt. Full Report

Company: Motor Vehicle Services – MO
Issue: Warranty offer – appearance of a bill or notification from DMV when it’s a promotional offer.
Violation: Honesty and clarity of offer; Disclosure of sponsor and intent; Solicitation in guise of invoice/govt. Full Report

Company: US Circulation Corporation, Buford – GA
Issue: Undelivered publications and never received refund.
Violation: Honesty & clarity of offer; Actual conditions. Full Report

Company: Sentry Armored Dispatch Company – FL & Data Release Division – NY
Issue: Fraudulent sweepstakes offer –seeking payment from “winner” to release the winning funds.
Violation: Sweepstakes, no purchase option; Prizes. Full Report

Company: American Intimates – NY
Issue: Poor customer service; unable to exchange merchandise.
Violation: Customer service issues; Accessibility. Full Report

Company: Caribbean Cruise Line (Political Opinions of America) – NY
Issue: Called consumer’s cell phone which is on the National Do Not Call Registry.
Violation: Honesty and clarity of offer; Disclosure of sponsor and intent; Restricted contacts. Full Report

Company: Motor Vehicle Services – MO (various addresses)
Issue: Warranty offer – appearance of a bill or notification from DMV when it’s a promotional offer; didn’t honor consumer’s opt-out request.
Violation: Honesty and clarity of offer; Disclosure of sponsor and intent; Solicitation in guise of invoice/govt. Full Report

Company: Trustworthy Security Groups – UK
Issue: Fraudulent sweepstakes offer.
Violation: Honesty and clarity of offer. Actual conditions. Disclosure of sponsor and intent. Chances of winning and Prizes. Full Report

Company: Retro Vespa – NY
Issue: Didn’t receive refund for undelivered, special ordered scooter.
Violation: Product availability and shipment; Mail and Telephone Order Rule. Full Report

Company: Direct Marketing Surveys – FL
Issue: B2B list did not meet terms and conditions of offer; no refund; poor customer service.
Violation: Honesty and clarity of offer; Accuracy and consistency; Actual conditions; Guarantees. Full Report

Company: N.C.C. – FL
Issue: Fraudulent sweepstakes offer –seeking payment from “winner” to release the winning funds.
Violation: Honesty and clarity of offer; Clarity of representations; Actual Conditions; Disparagement; Accessibility;
Solicitation in guise of invoice/govt; Advance consent; Sweepstakes – no purchase option. Full Report

Company: DCA – GA and Financial Acquisition Agency – FL
Issue: Fraudulent sweepstakes offers –seeking payment from “winner” to release the winning funds.
Violation: Honesty and clarity of offer; Clarity of representations; Actual conditions; Disparagement; Accessibility; Solicitation in guise of invoice/govt; Sweepstakes: no purchase option. Full Report

Company: Publishers Billing Center – OR
Issue: Appearance of a bill when it’s a promotional offer for magazine subscriptions – targeted to elderly consumers.
Violation: Honesty and clarity of offer; Accuracy and consistency; Solicitation in guise of invoice/govt. Full Report

Company: Slotguard – TX
Issue: Potential use & collection of information not properly disclosed in privacy policy.
Violation: Online notice. Full Report

These companies are not currently in compliance with DMA’s ethical guidelines. For details, view previous DMA Ethics Compliance Reports; file a complaint or contact ethics@thedma.org for more information.

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