All posts by : janinepaterson

Not a job for me 😂

Cold callers often have a tough time, spending long hours trying to reach an almost impossible target set for them and dealing with rejection and rudeness from people who are plagued with unwanted sales calls.

One such call turned out to be quite hilarious when my brother’s friend, who had moved into a new home, received a cold call from a conservatory company.

The friend would often humour the callers, answering their questions randomly, and on this occasion, he discussed design, insulation, and even a possible price with the salesman.

But as the conversation reached an advanced stage, he asked a question that left the salesman stumped:

“Can you fit a conservatory on a second-floor flat?”

The salesman or more likely the company that hired him had made a major mistake.

They failed to research their prospective audience and targeted the wrong person.

Had they taken the time to learn about their ideal customer, they would have known that my brother’s friend lived in a flat, not a house.

Researching your audience before picking up the phone is critical to the success of any telemarketing campaign.

Whether it’s as simple as asking basic questions or going into more depth, it helps to narrow down your audience to those who are likely to buy your products or services.

Doing so can save your company both time and money and avoid a bad impression of your brand.

So, the next time you plan a telemarketing campaign, make sure you do your homework and you’ll be halfway there.

And don’t forget, I can help make sure it’s on the right side of the law.

What a sight

I was out on my evening walk through the fields near my home a few days ago.

I was enjoying the beautiful sunset and the peace and quiet when suddenly that peace was interrupted!

There was a low muttering sound coming from the field of crops to the right.

Suddenly, there was a massive cloud of birds swirling above me.

It was a murmuration of starlings, and it was breath taking.

There were hundreds of birds all flying in unison, forming mesmerizing shapes and patterns against the orange sky.

The synchronized movements of the birds were so precise that it almost looked like they were dancing to some invisible music.

I was in awe -it was like a beautiful painting coming to life right before my eyes.

For several minutes, I just stood there, watching the starlings work together in perfect harmony.

And just like the starlings, your marketing and advertising materials must work together seamlessly to create a powerful message that resonates with your ideal customer.

In a world where the slightest misstep in advertising compliance can lead to financial penalties and reputational damage, it is more important than ever to ensure your messaging is clear, accurate, and legally compliant.

Which is where I can help.

The Marketing Law Expert, always in your corner.

But is that possible?

Unfortunately, lead generation has a bad reputation in the UK.

This is because some companies use unethical and illegal practices to generate leads, such as sending spam emails, making cold calls, and selling personal data to third parties without permission.

People often think lead gen is spammy and annoying, which can make it tough for responsible lead generation companies to stand out.

But, it can actually be a great way to grow your business – if you do it legally!

So, what does that mean?

The key thing to remember is always to be transparent about who you are and what you’re doing.

This is a big failing of some lead generation companies, not making it clear they’re acting on behalf of third-party, and one that will attract not only the attention of the Information Commissioner’s Office (ICO) but the Advertising Standards Authority (ASA) as well.

The ASA has cracked down on companies that do this, particularly in the solar funding and funeral plans sectors.

The ICO’s Direct Marketing Guidance includes information on how to collect, process, and use personal data for lead generation purposes.

The key point is to be crystal clear about who’s collecting the data and that you want to use it for lead gen. Also, be clear on the marketing channels to be used.

And if you are collecting the data to sell to companies for their marketing, this becomes all the more important. People need to know who their data will be shared with.

These rules can seem complicated, so having someone on hand to help explain them is a great resource.

That’s what I do as the Marketing Law Expert – in your corner providing legal advice and assistance when you need it.

more intelligent than you might think!

Did you know that sheep are pretty smart creatures?

They have a wide field of vision of about 300 degrees, which means they can see behind themselves without having to turn their heads.

And get this: they can even self-medicate when they’re sick! I had no idea how intelligent they were until I experienced it first-hand on holiday with my husband and golden retriever.

As we walked back from the beach, we noticed some of the sheep were following us as we made our way through the fields to the road.

We arrived at an open gateway and stopped to change our dog’s lead.

The sheep stopped as well as we were in their way.

The first two sheep watched for a moment then made a sharp right turn and continued down a slope before coming back up, giving us a wide berth.

It was pretty clever of them to use their past experiences with humans and dogs to figure out a way to get safely past us.

And this is what I, the Marketing Law Expert, offer to my clients.

15 years experience in marketing and advertising law means I can advise you when it comes to the dos and don’ts.

Great legal advice and a sounding board to keep you on track.

… are you ready to taste it?

I heard a story the other day about the difficulty people are having when confronted with the huge amount of personal data they have in their business and what they can do with it.

They have all this information about their customers, including their age, gender, location, and buying habits.

So, at first, they’re excited, knowing that using this information to make their marketing speak their customers’ language is such a powerful tool and one that many of their competitors are not doing.

But they then delve deeper and begin feeling overwhelmed and confused about the legal use of this data.

And then they hear about hefty fines from the ICO and worry that using this data will attract the wrong kind of attention

So they fail to take advantage of the benefits using personal data can bring as a result.

I see this so often.

That’s why it’s nice to have someone to turn to who can help make sense of this.

And this is what you will find if you work with me, the Marketing Law Expert – using over 15 years of experience, I assist business owners by clarifying what they can do and what they can’t.

These issues cause stress and worry, but having a specialist at your side can make a huge difference.

… time to plan

I’ve been invigilating at a secondary school for about a year now.

I started off as part of the main team in the large exam room, supervising up to 200 students undertaking GSCE, A-level, and BTEC exams.

But this year I have taken more roles helping on a one-to-one basis for students with differing needs.

This could be reading questions, scribing for the student, and those that need supervised breaks.

I have found that sometimes in these sessions I am sitting in silence waiting to give help when needed. I could be helping frequently, reading out questions or writing their answers.

But sometimes, depending on the particular exam, I can sit there for the whole exam and not do anything apart from giving the time checks.

As you can imagine, this could be boring.

I thought so to begin with but have come to use the time to think about my main job. 🙃

I have been setting aside 3 hours a week to work on my business rather than in it.

Improvements to the website, ideas for emails (like this one!), and changes to my LinkedIn profile to make the best use of the platform.

As I’m there to help when needed, I can have half my mind on the student and the other half mulling over different things.

And I’ve found that this often allows thoughts to bubble to the surface, and the little grey cells can get working.

The only downside is that I can’t write anything down, so I have to try and remember everything and then frantically write it all down afterwards.

I’m getting quite good at remembering the gist of the thoughts (probably a good exercise for the brain).

Finding time to work on your business can really help you plan.

You soon become aware of ideas that you can develop that will help you grow, building your brand for the future.

And when it comes to your marketing and advertising, I can help you ensure your strategies are compliant as well as compelling.

Not so obvious 🤔

What exactly is direct marketing?

An important question when it comes to the ICO guidance.

Officially, it’s “the communication (by any means) of advertising or marketing material which is directed to particular individuals”. (Data Protection Act 2018).

Let’s break this down.

Communication: emails, phone calls, direct mail, social media posts, or anything on your website.

Advertising/marketing: promoting products or services but also your goals, ideals, passions, fundraising efforts, political messages, and corporate initiatives.

This means that charities, political parties, and even companies sponsoring charities or local community groups are covered.

For instance, Sainsbury’s tie-in with Red Nose Day, where they sell merchandise and raise funds in their stores, constitutes marketing for Sainsbury’s.

Directed to particular individuals: the marketing must be targeted at a specific individual or group of people.

This means that unaddressed envelopes delivered to all houses on a road or leaflets placed in every parcel sent by a retailer to their customers are generally not considered direct marketing.

But it’s not just about the message itself, the rules also cover everything you do before sending the message.

So, for example, if you pick and choose which houses to send the unaddressed envelope to, you still have to follow the rules, as although it’s unaddressed, the envelope is now directed to individuals and therefore direct marketing.

This may seem unclear, and yes it can be, so having an expert on hand to guide you through confusing rules like this can make all the difference.

JP Legal Assist is here to support business owners like you sort out what applies and what doesn’t to your marketing.

Maybe a good miss!

We all have dreams, don’t we?

One of mine is a long walk with my hound through the fields and woods on a chilly winter day, and then settling down afterwards by a cosy fire in my local hostelry with a glass of Merlot.

Unfortunately, my little hamlet doesn’t have a pub.

But I’m keeping my fingers crossed for the future!

Speaking of pubs, my husband and I once considered going into hospitality.

However, running a business in the hospitality industry is a lot of work and long hours, especially with a family to care for.

And then you add in selling a product like alcohol, which comes with its own set of challenges.

As well as the general advertising rules, there are also those covering age-restricted products and services.

And, no matter how busy you are, you must know the marketing rules and regulations that apply…

… and avoid the consequences of getting it wrong.

The rules are there for a reason, to stop alcohol ads from being seen by those under age.

This is also good business sense, as why waste money advertising to people who can’t legally consume your product?

So, where do you start?

Get to know your ideal customer and understand how they may become aware of you.

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.

It’s helpful to have someone you can ask for help when things like this seem confusing.

That’s what I do at JP Legal Assist – I help business owners understand what rules they need to follow and what they don’t.

It’s easy to feel overwhelmed, but having an expert to guide you can really help.

… to help you get it right

You’re probably aware of the ICO’s Direct Marketing Guidance, providing insight into the ICO’s view on using personal data for your marketing and advertising efforts.  

It’s had various incarnations since the first in 2016, with the latest version issued in December 2022.

It has remained guidance instead of the expected Code of Practice, due to the proposals to update data protection law following Brexit which are currently going through Parliament, so the ICO has issued the draft Code to assist businesses in understanding their legal obligations now.

The guidance covers the various aspects of a direct marketing campaign, starting with what is direct marketing and why it’s important to comply with the rules.

There is help with using personal data in your marketing, the different types of marketing channels and the rules that apply to them, and the lawful bases that can be used.

Additionally, as lead generation has featured in the work of the ICO, the guidance looks at what you need to do if you either want to collect data to sell for lead gen purposes or you are looking to buy or rent a data list.

Personal data is also used in the planning of marketing campaigns, to find new customers for example, so rules for profiling and updating customer records with information you may not have are covered.

Although there are still a few grey areas, I find the guidance to be helpful, and I’m interested to see the final Code when it is finalised.

It’s not fair!

It’s that time of year again – exam season!

I’ll be overseeing exams at my daughter’s old school and we recently had a meeting to go over any new rules or changes.

Before I started this, I hadn’t realised the number of rules there are.

Most of them seem straightforward, like no phones or other digital devices in the exam hall, and the reasons for these are obvious.

However, some rules seem a little extreme and some might say mean.

No sweets in the exam room.

I remember back to my exam days and I often had a packet of polos to help me fire up those little grey cells. ?

We had an incident during the mocks recently where 2 students had some sweets, and they couldn’t understand the harm in having a small packet to help them concentrate.

They thought we were being mean and making exam time even more traumatic than it already was!

However, when the reasoning behind the rules was explained, all became clear and the situation calmed down.

The rule is there to make sure that students did not have anything on them where crafty hints and tips could be written, so no labels on plastic water bottles and no packets of sweets.

This reminds me of all the rules that we face in our businesses and in particular those applying to your marketing and advertising.

Many are making sure that consumers are not misled about the products and services they are being offered and help to make a level playing field for all.

There are some that may seem strange at first, but if you have someone who knows the rules and can explain why they are there, it can make it easier to understand the need to comply.

I’m not saying that I haven’t come across some rules that I struggle to understand the why, but the vast majority have solid reasoning.

Have a good day.

PS. The students tried to argue they could put the sweets loose in a plastic bag, but if everyone did this, we would have had to check over 200 students before each exam to make sure there were no wrappings! ?