OFT secures undertakings from prize draw promoters, McIntyre and Dodd Marketing Limited and Strike Lucky Games Limited
Case opened: 8 September 2010
Case closed: 12 October 2010
Issue
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Complainant
OFT own-initiative investigation
Investigation against
McIntyre and Dodd Marketing Limited, Strike Lucky Games Limited, Adrian John Williams and Wendy Elaine Ruck
The companies used words in their trading names which are prohibited without prior approval from the Secretary of State as they may imply a particular status or function that could mislead the public.
Relevant instrument(s): Enterprise Act 2002, Companies Act 2006, the Company, LLP and Business Names (Sensitive Words and Expressions) Regulations 2009, Consumer Protection from Unfair Trading Regulations 2008.
This investigation was opened by the OFT on its own-initiative following the receipt of information from a Trading Standards Service which identified that McIntyre & Dodd Marketing Limited was carrying on business under names that include words that are prohibited under the Companies Act 2006 without prior approval from the Secretary of State.
McIntyre & Dodd Marketing Limited distributes various premium-rate prize draw mailings, including a promotion recently sent to consumers under the name 'British Awards Council'. The Companies Act 2006 prohibits the use of the words 'British' and 'Council' without prior approval from the Secretary of State as they may imply a particular status or function that could mislead the public. In the OFT's view, the use of such terms in such mailings, in contravention of the Companies Act 2006, is misleading and unlawful under the Consumer Protection from Unfair Trading Regulations.
McIntyre & Dodd Marketing Limited, an associated company Strike Lucky Games Limited, and their common officers Adrian Williams and Wendy Ruck have accepted that these promotions contravene the Companies Act 2006 and have undertaken not to continue using names that include the words British, Council, National, Registry and Register without first obtaining the required approvals.
The general trading practices of these companies and Purely Creative Limited, The Winners Club Limited, Dodd Marketing Limited and their officers are subject to separate enforcement action by the OFT in the High Court. Further information about this case can be found in the press release OFT seeks court order against prize draw promoters of 11 January 2010.
Team leader
Mike Lambourne (020 7211 8568, mike.lambourne@oft.gsi.gov.uk)
Project director
Jason Freeman (020 7211 8262, jason.freeman@oft.gsi.gov.uk)
Senior responsible officer
Heather Clayton (020 7211 8826, Heather.Clayton@oft.gsi.gov.uk)
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