ASA Adjudication on Scotford Ltd

Ad

A leaflet, for exterior wall coating, read "To save up to 70% off normal prices and obtain a FREE 'no obligation' survey and quotation for your property telephone today". Text on the reverse of the leaflet read "Protex Systems Improve the look and increase the value of your property ... we are now able to offer a unique opportunity for you to claim a 'Double Discount'. This offer means you will save up to 70% off the standard price list".

Issue

The complainant challenged whether the savings claim of "up to 70%" was genuine.

CAP Code (Edition 11)

Response

Protex Systems sent the ASA a selection of price lists from November 2005 to May 2007, a copy of their order form and marketing analysis survey form, two promotional DVDs and a selection of brochures about the Protex product. They said the leaflet had been circulated from December 2006 until March 2007 but had not been successful and sent us an example of their new leaflet.

Protex Systems said they thought it was unlikely that the 70% discount would have been refused. They explained that their coating systems were open to discount but not the access and repairs part of any work contract because external companies often oversaw those aspects. They assured us that, if the discount was not applicable to any element of the work to be carried out, that would have been made clear at the time of the free estimate and survey. Protex Systems said they did not believe the leaflet had breached the Code but apologised if that were the case.

Assessment

Upheld

The ASA noted the information submitted by Protex Systems but was concerned that they had not sent a selection of customer invoices showing that they had carried out work at 70% off their list prices. Because we had not seen evidence of the prices at which the product was generally sold before applying the 70% discount, or evidence to show that the 70% off offer had been honoured, we concluded that the ad was misleading by exaggerating the extent of the savings recipients of the leaflet were likely to make.

The leaflet breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 15.5 (Prices).

Action

We advised Protex Systems to contact the CAP Copy Advice team for guidance with future leaflets.

Adjudication of the ASA Council (Non-broadcast)