The key legislation/codes of practice in relation to mobile marketing are as follows:

1. The British Code of Advertising, Sales Promotion and Direct Marketing. Any advertising needs to comply with the British Code of Advertising, Sales Promotion and Direct Marketing (the CAP Code ) written by the Committee of Advertising Practice (CAP). This body represents the marketing and media business, and is administered by the Advertising Standards Authority (ASA). If the CAP Code is breached, then there are a number of sanctions that the ASA can impose; these are:

   • refusal by publishers and media owners to carry the advertisement

   • publishing an adjudication against the advert, which can lead to bad publicity

   • withdraw trading privileges and membership of trading bodies

   • refer a persistent offender to the Office of Fair Trading.

   A copy of the CAP Code is available from the ASA website (http://www.asa.org.uk/).

2. The Direct Marketing Association Code ofPractice. The DMA Code is ofmandatory application to members of the Direct Marketing Association (DMA). Consequences of not following the DMA Code consist of settlement of any complaint by the Direct Marketing Authority, which can:

   • seek undertakings

   • issue a public warning

   • terminate DMA membership.

   A copy of the DMA Code is available from the DMA website (http://www.dma/.org.uk).

3. The Direct Marketing Association Draft Code of Practice for SMS Marketing. This is mandatory to members ofthe DMA, and following this code is also best practice for non-members. Consequences of failing to follow the code are the same as in point (2), and a copy...