ASA Adjudication on WDMG Ltd

Ad

A press ad, for a manual on how to start as a courier, appeared under the heading "General Appointments" in the classified ads section of a national newspaper. Text stated "UP TO £384 PER DAY Car/van drivers DELIVER REPAIRED LAPTOPS, 20-50 hours p/w, work for yourself, all areas. For info TEXT the word DRIVER plus your Name, Address, Postcode to XXXXX (cost £1) or www.driverconnection.co.uk or s.a.e to WDMG Ltd, Box 240, 60 Westbury Hill, Bristol BS32 8ES."

Issue

1. The complainant challenged whether WDMG were charging people to apply for a job via the £1 text charge.

The ASA challenged whether:

2. the ad made clear the nature of the product and misleadingly implied it offered genuine employment vacancies; and

3. the ad made clear that a financial investment was required to receive the manual.

CAP Code (Edition 11)

Response

1. WDMG said they offered respondents three methods of communication, two of which were completely free: a free postal service and their website. They said there was no requirement to pay the text fee and it was offered merely to facilitate a quicker route for those who did not want to enquire in writing or did not want to use the internet. They said the text charge barely covered their costs and approximately 66% of the £1 charge went to the service provider with the remainder paying their postage cost to the enquirer. They said they made a loss on the text service and did not believe that any reasonable person would think that the £1 fee was an application fee or a fee to get a job, because similar text charges were seen widely for return of information or news.

2. WDMG said they had a two-stage advertising process; people responded to their ad by going to their website and reading about their service, or requested a detailed flyer by post or text. They believed it was clear that the ad was an opportunity for people to work for themselves and argued that the phrase "work for yourself" was used clearly in the ad to stop people assuming that it was for employment with a company.

WDMG said anyone who ordered the manual was offered a full 12-month money back guarantee. They said they were aware, via complaints to the ASA, of only two people in eight years who believed the ad was for a real job opportunity, and they believed it was clear to the average reader what the ad was offering.

They acknowledged that the ad had appeared in the "General Appointments" section. They maintained that it appeared mainly in the "Business Opportunities" section but that that was not always available due to space limitations in the publication. They asserted that there were similar ads in the employment section which did not offer actual jobs, or if they did offer jobs, offered it on completion of a fee-paying course.

3. WDMG said the ad was merely a signpost for customers. They said, due to the high cost of advertising in a national newspaper, the amount of information they could display was limited. They said customers could read full information about the opportunity on their website or in detailed printed material for postal enquiries; they believed that allowed people to decide whether to take their interest any further. They said there were at least two stages before anybody could take the opportunity to invest in the manual. They also argued that other companies ads for similar opportunities did not make a statement of investment or cost. They reiterated that they offered a refund to anybody who believed, for any reason, they had made a mistake.

Assessment

1. Not upheld

The ASA noted the ad was not an offer of employment but was instead for the opportunity to purchase a manual from WDMG. We also noted respondents could contact WDMG via text, their website or post and the ad made clear the cost of texting them. We considered that WDMG were not therefore charging people to apply for a job via the £1 text charge, as the complainant had believed, and concluded that, because the ad made clear the text charge, and offered alternative free channels of communication, the ad was not in breach of the Code.

On this point, we investigated the ad under CAP Code clause 52.2 (Employment and business opportunities) but did not find it in breach

2. Upheld

We noted the ad stated "work for yourself" but we considered that that did not make sufficiently clear that the ad was merely offering the chance to purchase a manual from WDMG. We considered that some readers could understand from the ad that it was an opportunity to apply for a job driving a van or car and delivering packages for the company advertising. We considered that that impression was likely to be reinforced by the ads appearance in the "General Opportunities" section of the paper. We considered that the ad did not make sufficiently clear the nature of the business opportunity and misleadingly implied it was an offer of employment.

On this point, the ad breached CAP Code clauses 7.1 (Truthfulness) and 52.1 (Employment and business opportunities)

3. Upheld

We noted respondents to the ad would not be sent the manual on first contact and were informed of the opportunity to purchase a manual and its cost before they did so. We also noted WDMGs website made clear that the opportunity was to purchase a manual and made clear the costs of the manual. However, we also noted the CAP Code made clear that, in advertising for business opportunities, "the initial marketing communication should normally state if an investment is required". We considered that, because the ad did not make clear that an investment would be required to receive the manual, the ad was misleading.

On this point, the ad breached CAP Code clauses 7.1 (Truthfulness) and 52.5 (Employment and business opportunities).

Action

The ad must not appear again in its current form. We told WDMG to make clear that the ad was for the opportunity to purchase a manual and to make clear that a financial investment was required to obtain that manual.

Adjudication of the ASA Council (Non-broadcast)