Using the word 'Free'

Email Marketing and the Law:

Using the word FREE in your email marketing campaigns

It’s an odd word ‘free’, and using it at the wrong time can leave you in hot water. Including the word ‘free’ in your email campaigns can cause your emails to become caught in spam filters, but more importantly it can lead to your marketing being in breach of the CAP Code.

Under the CAP Code clause 32.3, ‘Promoters should not describe an individual element of a package as ‘free’ if the cost of that element is included in the package price’.

Also under the CAP code, you may not promote a special offer as ‘free’ if the customer has to buy something in order to be given the free item. For example, a mobile phone operator cannot claim that their customers are given a ‘free’ handset if they have to buy the airtime with it.

As a rule, using the word ‘inclusive’ is much safer than using the word ‘free’ when describing a package deal.

For further information, see the Help Note on "Free" Claims.