Finding: "Do not solicit" means "do not solicit"

In this recent finding, the Commissioner dealt with a complaint by a bank customer who had contacted his bank asking not to be marketed to but subsequently was contacted a number of times by his branch about products and services.

The bank informed the Commissioner that there are two circumstances where the customer may be contacted notwithstanding a "do not solicit" flag on his or her file: (a) in-branch generated sales leads and (b) leads developed by data mining but taking advantage of service-related communication opportunities such as GIC and mortgage renewals.

The Commissioner considered that the bank had not followed the consent principle 4.3 and determined the complaint to be well-founded and resolved.

See: Commissioner's Findings - PIPEDA Case Summary #323: Bank's assumptions about consent to marketing challenged (December 22, 2005).

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