Is your marketing strategy diabetic?

One of the behaviours I haven’t really understood completely is why agencies and their clients don’t seem to grasp the importance of adequate legal frameworks to effectively support their social marketing and collaborative business initiatives? What has been clear is that very few marketers understand just how important it is to have good legal advice and frameworks and they frequently use something that looks right so they can tick the legal compliance box. Unfortunately that isn’t a very good solution because even the best intentions won’t be much help if they are also woefully uninformed. Most marketers that we have dealt with seem to be aware of the need for some sort of legal structure for their work and yet they just don’t take sufficient steps to understand their risks and cater for them. My recent diabetes diagnosis came to mind as an interesting analogy which I explore in this post.

First National Bank and its marketing consent problem

Innovative bank, FNB, has a consent problem. Jason Elk published a blog post over the weekend titled “FNB, what on earth are you doing to your customers?” in which he took issue with a consent mechanism FNB has been making use of or some time now. Essentially, this consent mechanism requires that customers agree toContinue reading “First National Bank and its marketing consent problem”

Advertising restrictions for the veterinary profession

The veterinary profession is an honourable profession based on standing and dignity. In section 4(1)(c) of the Para-Veterinary Professions Act 19 of 1982 (“The Vets’ Act”) it is stated that a veterinary professional (“a person practising a veterinary profession as a veterinarian or veterinary specialist”) has a moral obligation to serve the public to theContinue reading “Advertising restrictions for the veterinary profession”

Over-selling, bait marketing and coupon sales

Retailers must find coupon sales an exciting opportunity to boost their business but they should take care not to engage in practices the Consumer Protection Act prohibits in the process. Two such prohibited practices are over-selling/over-booking and bait marketing and they could land retailers in hot water. The temptation to over-promise is, perhaps, almost implicitContinue reading “Over-selling, bait marketing and coupon sales”

Complicated promotional competitions under the Consumer Protection Act

Promotional competitions are a terrific way to create a better awareness about a product, service or brand and generate some buzz. These competitions are on Facebook Pages, dedicated microsites and on company websites. They can be a lot of fun and the prizes are often terrific. Unfortunately for marketers, these competitions are about to becomeContinue reading “Complicated promotional competitions under the Consumer Protection Act”