ASA Adjudication on Multi-Corp Spain S.L.

Ad

Two national press ads for Multi-Corp Spain S.L. (Multi-Corp), an escort agency. a. The first ad stated "Escorts Urgently Required Earn 20k to 30k OTE By Easter No Experience Needed …". b. The second ad stated "ESCORTS URGENTLY REQUIRED Make 2008 Your Money Year No Experience Needed … HLG, 60 Windsor Ave., SW19 2RR".

Issue

1.  The complainant, who paid to register with Multi-Corp but had not received any work, challenged the claim "Escorts Urgently Required".

The ASA challenged whether:

2.  the ads omitted the advertisers' full name and contact details;

3.  the ads made clear that costs were involved with enlisting with the agency; and

4.  the quoted earnings were representative.

CAP Code (Edition 11)

Response

Multi-Corp Spain (Multi-Corp) explained that they offered a two-fold service: clients who sought an escort could make a selection from their escort database and individuals who wished to advertise as escorts were given a platform through the Multi-Corp on-line brochure.  They said they had received only two complaints in 13 months and in view of the amount of marketing material they published, although they were concerned to hear of the complaints, this was not an excessive number.  They said they had been in business for several years and took pride in the private and discreet service they provided and the level of satisfaction they endeavoured to give both their clients and escorts.

1.  Multi-Corp did not comment on the claim "Escorts Urgently Required".

2. & 3.  Multi-Corp did not comment on these points specifically, but said they would consider any recommendations made by the ASA.      

4.  Multi-Corp explained that, because of the discreet nature of the service they offered and their clients' need for privacy, it was difficult to substantiate their claimed escort earnings figures.

Assessment

1.  Upheld

The ASA understood that Multi-Corp ran an escort agency and individuals who sought escort work paid to enlist with them.  We also understood that those who had enlisted were not guaranteed work because this depended on whether they were chosen by Multi-Corp's clients.  We acknowledged that this could have been the reason why the complainant had not received any work.  We nevertheless considered that the claim "Escorts Urgently Required" implied work was available for successful applicants immediately.  We asked Multi-Corp to submit evidence to support this but none was provided.  In the absence of any substantiation to demonstrate that work was available immediately and in view of the complainant's experience, we concluded that the claim had not been substantiated and could be misleading.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 52.2 (Employment and business opportunities).

2.  Upheld

We noted the CAP Code clarified that marketing communications for employment agencies that required payment and had telephone response mechanisms only should contain the full name and contact details of the advertiser.  In addition, ads for employment agencies should clarify, if the advertisers' name did not do so, that the advertiser was an agency.  We noted ad (a) included only a contact telephone number, but no company name or address was disclosed and, although ad (b) did include an address and telephone number, it did not disclose the company name.  Neither ad clarified that the advertiser was an agency.  We considered, therefore, that the ads did not meet the requirements of the CAP Code in this regard.

On this point, ads (a) and (b) breached CAP Code clauses 22.2 (Recognising marketing communications and identifying marketers) and 52.3 (Employment and business opportunities).

3.  Upheld

We understood from the complainant that he had paid a considerable sum to enlist with the agency. We considered that ads for employment agencies should make clear if fees were applicable because this was a significant condition likely to affect readers' decision to respond.  Because neither ad clarified that fees applied to enlist with the agency, we concluded that they were misleading.

On this point, ads (a) and (b) breached CAP Code clause 7.1 (Truthfulness).

4.  Upheld

We noted Multi-Corp's comments.  We considered, however, that for advertisers to incorporate earnings claims into their marketing, they should be able to demonstrate that the quoted figures were representative of actual earnings and produce documentary evidence to prove them if required by the ASA.  In the absence of any documentation to support the quoted earnings claim in ad (a), "Earn 20k to 30k OTE By Easter", we concluded that it had not been substantiated and could be misleading.

On this point, ad (a) breached CAP Code clauses 3.1 (Substantiation) and 52.2 (Employment and business opportunities).

Action

We told Multi-Corp to remove the claim "Escorts Urgently Required" from their marketing material.  In addition, we told them in all future advertising they must clarify their full name and contact details, that they were an employment agency and also that fees would be involved to enlist with them. We reminded them that quoted earnings claims must not be used unless they were able to substantiate them with documentary evidence.

Adjudication of the ASA Council (Non-broadcast)