Not upheld: marketing communications breach and unfair account closure complaint against Bank of London and The Middle East plc trading as Nomo Bank

Decision detail

Summary

X complained that Nomo Bank sent him marketing communications after he had opted out and then unfairly closed his account in retaliation for asserting his data protection rights. The ombudsman found that the three communications received were not marketing material: the religious greeting and New Year message were not advertising or promoting services, and the third message was a legitimate service-related communication about changes to international transfers. Regarding the account closure, the ombudsman determined that banks have a commercial right to close accounts provided they comply with their terms and conditions, and Nomo Bank properly provided two months' notice as required. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman determined that religious and festive greetings do not constitute marketing material as defined by the ICO, as they do not direct or highlight a service or product to the customer. The service-related message about international transfer changes was a legitimate communication. Regarding account closure, the ombudsman found that banks have a commercial right to close accounts provided they act within their terms and conditions. Nomo Bank provided two months' notice as required, and the ombudsman found no evidence that the closure was discriminatory or unreasonable, despite X's assertions that it was retaliatory for asserting data protection rights.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website