All posts by : janinepaterson

My husband’s family are catholic, but when I met Jon, our local church did not have a permanent priest. There were visiting priests for weekend services, but the problem was neither Jon nor I liked any of them.

But that changed in June 2009 when Father Denis arrived.

He was unlike any other catholic priest I had ever met. One reason for this I believe is that he came late to the priesthood, having worked as a carpenter for 16 years before answering his calling.

He lived a normal life, gaining experience in many situations. This gives him the ability to relate to many of the challenges his congregation face.

He has been a priest for 20 years and had brought an overdue sense of family to the parish. His mixed life experience has left him well placed to provide advice and support.

It is great when you can find the help and advice you need from an expert, especially when they are approachable as well as knowledgeable.

And this applies when it comes to your business, and in particular your marketing and advertising.

I’m sure you want your business to flourish. And we both know the best way to do that is to make the best possible impression on your new and existing customers.

So, you need to deliver the right message, to the right person, at the right time, over the right medium.

But how do you do all of that without falling foul of the ever-changing mix of rules, regulations and laws?

The truth is there’s no substitute for expert advice.

It won’t be free, but the consequences of getting it wrong will probably cost you a whole lot more.

Such a small word for an important quality.

Trust is one of the cornerstones of a successful business.  Trust in people, your colleagues and suppliers, and trust in your processes.

And speaking of trusting processes, recently I had hand surgery and my consultant decided to do the procedure under a local anaesthetic.

In reality, this meant numbing the whole of my right arm, from the shoulder down.

The process for this was complicated and precise. They used an ultrasound machine to make sure the injections were in exactly the right place.

It took nearly an hour from start to finish and not one, not two but THREE doctors!

My trust was well placed. I gradually lost the feeling in my arm as the anaesthetic took hold – to the point that I didn’t know where my arm was! (Apparently, this was a sign they got it right).

Sure, the processes in your business may not be so life-affecting but making sure they are correct is vital to your success. And, making sure your marketing and advertising processes are legal and working for you is critical to ensuring new and existing customers get the best impression of your brand.

For example, a clothes retailer got into trouble with the ASA again recently when one of their influencers promoted one of their dresses on social media without making it clear they were acting on behalf of the brand.

So as well as appearing on the ASA website with an upheld complaint, things like this can make people wary of shopping with them because some people will see this behaviour as untrustworthy.

Even with the best of intentions, it is easy to fall into one of these traps. And being ignorant of the rules won’t change the way the ASA deal with any complaints against you.

So the only course of action is to make sure there is nothing to complain about and if they do (because people will always complain about something) then you will have nothing to fear as you have done nothing wrong.

The ASA has banned 160 adverts in the last year for including misleading information.

The reasons for these run from something as simple as implying you’ve been trading longer than you actually have to unsubstantiated claims about your product’s environmental pedigree.

It seems it’s easy to attract complaints that your marketing does not comply with the advertising rules.

Now you may think (and many do) – why should I worry about this?

The ASA can and does act on one complaint about an advert.

This means that just ONE person complaining about your ad could trigger an investigation into your marketing activities.

Sure, they can’t fine you like the ICO can, but an upheld adjudication could have a detrimental effect on your brand’s reputation.

Now, you can’t stop people from complaining to the ASA, but you can make sure that the complaint won’t be upheld.

How?

By ensuring that your ad complies with the Codes.

Many of the rules are common sense:

• don’t lie or exaggerate the benefits of your products or services
• ensure testimonials from happy customers are true and in their words
• make sure you can prove any statistics you quote.

If in doubt, ask an expert.

It will cost you something, but an awful lot less than getting it wrong.   

Using personal data for your marketing activities can be a scary prospect, especially if you are a small to medium-sized company without a large in-house legal team to hold your hand.

Reading about the tens of thousands of pounds of fines issued by the ICO alone can be enough to make you throw away any marketing ideas you might have had. And that before we get into the reputational damage that comes with being “named and shamed” on the ICO website!

The truth is it shouldn’t have to be stressful to promote the goods and services you offer.

However, there is no getting away from the fact that there are rules and regulations that apply to your marketing activities.

Understanding the rules isn’t easy, as so many factors must be considered.

Including, whether you’re a 

• A B2B company or
• A B2C company or
• A bit of both?

Then there are the channels you use for your marketing:

• Email, SMS, Social Media,
• Phone,
• TV and Radio,
• Direct mail,
• Billboards…

… the list goes on.

Then whose products and/or services are you marketing?

• Your own, or
• A 3^rd party partner/sponsor?

For example, let’s say you’re a builders merchant and you want to promote your new range of screws and nails to your local builders’ firms. The first question you need to ask is, what is the best way to do this?

Once you’ve decided that, you need to make sure your marketing speaks to your audience, grabs their attention and builds desire. Then you must ensure your marketing is legal and complies with the regulations enforced by the ICO. Not only because of the fines and reputational damage I mentioned earlier, but because you want to make the right first impression. 

You see, if you send an email campaign to customers who have not agreed to receive marketing, you will lose the credibility and loyalty you have worked so hard to build.

The bottom line is, knowing the rules, and being able to apply them to your marketing activities will ensure you stay ahead of your competition.

Another government “suggestion” to help businesses tackle the cost of living crisis and help their customers.

Slash your marketing budget so you can lower your prices!

The new cost of living Tsar, Just Eat co-founder David Buttress has urged brands to “refocus” their marketing spend to reduce prices for consumers. And he is using taxpayers money to promote this campaign!

This is wrong on so many levels and comes from the misguided belief that marketing is a cost to your business.

As Henry Ford once said:

“A man who stops advertising to save money is like a man who stops a clock to save time”

An analogy best to describe marketing is that it is an engine. If we harness it and harness it well it becomes more efficient. You can’t stop-start your marketing as this is when the money just drains away.

What’s more, if you stop spending on marketing, this will not only hit your bottom line now, but for months if not years to come. The pandemic taught us many things, one of them being if you don’t keep your brand in the consumers’ minds, they’ll go elsewhere.

So now is not the time to cut your marketing activities, as this will affect your turnover, your staffing levels and your future.

But if you’re going to spend money on promoting your brand, then it’s important to know how to market your brand compliantly and successfully. Because when times are tough, the rules don’t change.

In fact, it becomes even more important that your marketing works for you so that you’re talking to your ideal customer and making the right impression.

Right message, right audience, right medium, right time.

We were ready to enjoy the event after 2 years absence due to the pandemic.

We parked up, got our golden retriever out of the car – he always loves coming, a chance to lap up all that adoration!

We queued up to pay our entrance fee, and that was when we saw the sign

NO DOGS

Disaster – all we could do was get back in the car and go home.

The town near our home has hosted a Beer Festival for 15 years. It has more than 80 real ales, 20 continental beers and 30 real ciders, so something for everyone. In addition, it has food stalls featuring a number of cuisines and live music on each of the 3 nights.

You buy a festival glass and then go and make your selection. I have a glass from most of the last 15 years, but this year I was not adding to my collection.

Our dog loved coming and mixing with everyone, both humans and canines, as he is a very friendly hound who will allow someone to adore him. In fact, in past years he has helped people who were anxious around dogs to become more confident around them because he is so gentle despite his size.

I am not sure why this one was changed, as they’d always allowed dogs in before and there had not been any issues that I was aware of. Our hound is a part of our family, so we were not going in without him.

The lesson?

Rules can change for all sorts of reasons, even if you can’t fathom why!

And when it comes to your marketing and advertising, it’s even more important to stay on top of all the changes that apply to your business.

As a responsible business owner, you could decide to invest considerable time in learning how to compliantly promote your business. You may believe that you can do this yourself and your hours of study will replace the need to pay for expert advice.

However, the rules you worked so hard to understand can change at a moment’s notice with little announcement.

And if you don’t know where to look, or you don’t check for updates on a regular basis, these changes can slip by unnoticed.

And when that happens, this can leave you wide open to bad publicity that can trash the reputation of the business you’ve worked so hard to build (and maybe a fine on top as well!).

The bottom line is, to be compliant in your advertising you need to understand the rules and regulations that apply, AND you need to be aware of when they change.

Sending an email to customers that you think is a service message but is in fact a marketing one could be costly for your business.

Just ask Amex who got into big trouble when they sent 4 million messages in 2018 and 2019 to their customers believing them to be service messages.

So what happened you ask?

Well, Amex sent messages detailing the rewards of using their card for online shopping and encouraging customers to download their app to make the most of their card.

They said clients would be disadvantaged if they were not aware of the best way to use their cards. However, the ICO disagreed and fined them …

… £90,000!

Pocket money to Amex, but I dare say a bit more painful for you.

You see, even marketers get confused about the rules on marketing emails and make the wrong call on a campaign, like those at Amex. 

The first step is to know the difference between a marketing communication and a service one.

Marketing has a very wide definition, and it can be very easy to think you are just being helpful to your customers by explaining the benefits of your product or service they have, but this will be marketing comms, not a service one.

On the other hand, if you have updated the terms and conditions of that product or service, then you need to tell your customers and this will be a service message.

HOWEVER…

This is often not black and white, as Amex found out, so it’s important you get this right.

How can you make sure you get it right?

Consult an expert.

The rise of social media influencers has been steep. The good ones can charge £1,000s of pounds to promote your brand.

Olivia Bowen, who appeared on Love Island, attracts the followers necessary to put herself on any brand’s wish list, earning herself nearly £1.5 million in 2021.

There have always been high profile people influencing the buying decisions of many, from kings and queens in the 17th and 18th centuries, to celebrity endorsements from athletes and film stars in the 80s and 90s.

With the coming of the internet and the launch of social media channels in the 2000s, we’ve seen ordinary people become celebrities. This means their every move is watched by millions of followers, many of whom are eager to spend their money on the next product promoted by these once ordinary people.

Working with an influencer can be mutually beneficial. Many brands have seen their sales skyrocket as a result of the right collaboration …

… but, getting it wrong can have a devastating effect on both parties.

Influencers have many millions of followers, who believe every word they say in their posts and videos. They trust these individuals and will rush out to buy based on their opinion.

The ASA has upheld complaints that influencers have consistently failed to be transparent about their commercial relationships with big brands, leaving loyal followers feeling misled about the products and services being promoted.

There is even a “page of shame” on the ASA’s website featuring those that consistently ignore the rules governing their social media activity.

This not only affects the influencers but reflects badly on the brands behind their posts.

Obviously, working with an influencer requires a good understanding of your brand and your customers as you need to know who you want to buy your products and services.  And this will help you choose the right influencer.

But you also need a good understanding of the rules that govern influencer marketing.

And those rules are many, and complex in nature.

But it’s important you get this aspect right, otherwise all that money spent partnering with an influencer will go down the drain.

As I was walking my dog last night in the howling wind and rain all I could think about was the warming embrace of a comfy chair in front of a roaring fire, at my local pub.

The only problem is I live in the back end of nowhere so my ‘local’ is more than a short stroll away!

At one point though, I nearly bought a pub.

My husband and I, both disillusioned with our 9 – 5 jobs, gave the idea some serious thought.

But common sense prevailed. However bad we thought our jobs were, running a pub is hard work and a whole different kind of stress.

Dealing with breweries, suppliers, landlords and then trying to keep the customers happy can seem like an impossible juggling act.

It’s not surprising that many in the hospitality industry find keeping on top of their marketing activities overwhelming.

Add to that the responsibilities of selling an age-restricted product like alcohol.

But, no matter how busy you are it’s vital you know the marketing rules and regulations that apply…

… and avoid the consequences of getting it wrong.

Consequences that could involve a public announcement you’ve breached the advertising codes, which could have a massive effect on your business’ reputation.

The rules are there for a reason, to stop alcohol ads from being seen by the wrong audience. It also makes good business sense, as why waste money advertising to people who can’t legally consume your product.

So how do you make it happen?

First step, get to know your ideal customer and understand where they see advertising.

If your product is aimed at those in their twenties and early thirties, social media could be an ideal channel to reach them, but for an older demographic, “old fashioned” direct mail or billboards in the right location may be better. But before you can do any of that you need to aware of the rules and how they affect your marketing plans.

For many of us, the name Hoover is synonymous with washing machines, fridges, and of course vacuum cleaners.

But in the marketing world just mention the name Hoover and you’ll see people roll their eyes.

Let me tell you why.

Hoover, the US manufacturer, wanted to increase sales of its vacuum cleaners in the UK. Their marketing team came up with the idea to run a product promotion.

Spend at least £100 on a vacuum cleaner and receive 2 return air tickets.

Sounds good, right?

To begin with, it was for Hoover. The flights offered initially were to destinations in Europe. Sales increased and to Hoover’s joy, not many people claimed their tickets.

Pleased with how sales were going, and wanting to keep demand high, someone at Hoover had another brilliant idea.

Extend the offer to flights to the US …

… and this is where it all went wrong!

At the time 2 return flights to New York would have cost you around £650.

So spending £100 on a vacuum cleaner, even if you didn’t need one (many ended up given away or stashed in the cupboard under the stairs) was a no-brainer.

As you can imagine demand was off the scale.

 In fact, demand was so great Hoover had to cancel the promotion…

… but only after MILLIONS of pounds worth of tickets had been claimed.

Hoover faced legal action from disappointed consumers. In the end, it cost them an estimated £50 million and their European arm.

More importantly, Hoover was left forever associated with possibly the worst promotion in history.

Laying proof that the claim that “there is no such thing as bad publicity”, isn’t always true.

A lesson that you ignore at your peril.

The Hoover case is an extreme example of what can happen if you get it wrong. So be aware of the rules and regulations you need to follow to ensure that your brand’s reputation is enhanced, not tarnished by an illegal or badly run promotion.