Not upheld: direct marketing communications and administrative error complaint against Phoenix Life Limited trading as Standard Life

Decision detail

Summary

Mr P complained that Phoenix Life Limited trading as Standard Life sent him emails about nominating a beneficiary despite having opted out of marketing communications. He received two emails in October 2025: one as part of a standard campaign to all policyholders, and a second in error stating he had not nominated a beneficiary, despite having done so in June 2025. Mr P was briefly concerned but was reassured by a call handler the same day. Standard Life later admitted the second email was sent in error and halted the campaign. The ombudsman found the emails were routine customer service messages, not direct marketing, and that while Standard Life made an administrative error, it did not cause material distress or inconvenience warranting compensation. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman determined that the emails were routine customer service messages designed to ensure policyholders' details were current, not direct marketing communications as defined by PECR. While Standard Life made an administrative error in sending the second email to Mr P, the error was quickly resolved when Mr P called the same day and was reassured by the call handler. The ombudsman found that the brief concern Mr P experienced did not constitute material distress or inconvenience as required by FCA DISP rules to warrant compensation. The ombudsman also clarified that GDPR and PECR compliance questions should be referred to the ICO, not the FOS.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website