A genuine service reply to a recipient's own enquiry is service, not advertising
A worked RES examination question on advertising rules, from our Paper 2 bank — with the rule it turns on, and why each of the four options is right or wrong.
The question
Salesperson Grace sends a first marketing email about a new condominium to a list of private email addresses. A recipient replies with a question, and Grace answers. She later sends festive greetings to the same list, and separately sends a marketing message by WhatsApp.
Consider the following statements.
- (i) The first marketing email must carry an <ADV> label and a valid unsubscribe facility.
- (ii) A marketing message sent by WhatsApp is outside the Spam Control Act, because it is not an SMS.
- (iii) Grace's reply answering the recipient's question need not carry an <ADV> label.
- (iv) Festive or birthday greetings are not treated as specified messages under the Spam Control Act.
The answer, and why
Answer: B
The rule. A first, unsolicited marketing message needs an <ADV> marking and a valid unsubscribe facility. A genuine service reply to a recipient's own enquiry is service, not advertising, and need not carry <ADV>. Festive or birthday greetings are not specified messages. App-based marketing (e.g. WhatsApp) is treated within the Spam Control regime, not outside it.
Why B is correct. (i) the <ADV> and unsubscribe requirement, (iii) the service reply, and (iv) festive greetings are correct. (ii) is false — a WhatsApp marketing message is not outside the regime.
The other options.
- C adds the false (ii), WhatsApp being outside the Act.
- A drops (i), the <ADV> requirement.
- D drops (iv), the festive-greetings point.
Exam note. <ADV> + unsubscribe on the first marketing message; app-based marketing is inside the regime, not outside it.
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