ASA Adjudication on International Property Disposition of Radstock

Ad

A direct mailing, for International Property Disposition, in the form of a letter was headed “CERTIFIED LETTER”. Below, it stated PROPERTY GUARANTEED UPON VALID REPLY: 2008 LAND ROVER DEFENDER 90 STATION WAGON OR OTHER PROPERTY. OPTION: MAXIMUM PROPERTY RECIPIENT MAY ACCEPT A CERTIFIED CHEQUE FOR £21,380.00 INSTEAD OF VEHICLE. Be It Known THAT THE PERSON IDENTIFIED IN THESE SEVERAL DOCUMENTS SHALL, UPON A VALID REPLY AND SUBSEQUENT DESIGNATION AS THE MAXIMUM PROPERTY RECIPIENT, RECEIVE: A 2008 LAND ROVER DEFENDER 90 STATION WAGON OR CASH VALUE (£21,380.00)”. The mailing continued “Contact me at this office immediately concerning delivery of a 2008 Land Rover defender 90 station wagon (valued at £21,380.00) or other property. Upon your valid reply and pending your Official Designation as the maximum property recipient, I shall by - telephone or return post - direct you to a Land Rover dealership in your area. You may then take full possession of, and the title to, the vehicle … Our office has been designated to fulfil all specific property assignments for this programme, charging only a single flat fee to respective recipients (£20.00; see Form 320, page 3) … HOW TO FILE YOUR PROPERTY CLAIM. Follow these steps immediately: 10 On Page 3 of this assignment packet, complete FORM 320; 2) Enclose your completed Form 320 and the required Assignment Fee in the envelope provided, affixing international mail postage or two first-class stamp; 3) post immediately. Be advised: The deadline for this programme has been firmly established. I thus urge you to respond as soon as possible as instructed above”. With the letter was a certificate headed “Affidavit of Property Disposition AUTOMOBILE, TRUCK, CARAVAN, SMALL CRAFT, OR OTHER DURABLE GOODS”. Below, it stated “This Official Document certifies that … may receive A 2008 Land Rover Defender 90, other property, or the value in cash (21,380.00 …”. Vehicle specifications were printed at the bottom of the certificate. A further page was headed “DISPOSTION VERIFICATION” and below, “FORM 320 Property Requisition”. Towards the bottom of the page it stated “THE VEHICLE ASSIGNMENT OR CASH EQUIVALENT LISTED IN THIS DOCUMENT PACKET COMPRISE ONE OF SEVERAL ITEMS SCHEDULED TO BE PURCHASED BY DESIGNATED RECIPIENTS. DESIGNATIONS FOR SPECIFIC RECIPIENTS WERE DETERMINED IN ADVANCE AND MAY BE ASCERTAINED BY CONSULTING TERMS AND CONDITIONS HEREIN …”. On the reverse, under “TERMS AND CONDITIONS”, it stated “Each individual who returns the required acquisition fee by December 31, 2008 will be purchasing and will receive one of the following items: one 2008 Land Rover Defender 90 Station wagon, five each of a Sony Mini DV or diamond stud earrings and an Apple iPod remote for all others. Recipient of the motor vehicle will receive the cash value equivalent, or the current-year model of the vehicle itself, to be determined by the sponsor …”.

Issue

Two members of the public, of whom one complained via the Institute of Sales Promotion (ISP), believed the mailing misleadingly implied that the recipient would receive a Land Rover or cash equivalent of £21,380, whereas they understood items of a much lesser value were likely to be supplied.

CAP Code (Edition 11)

Response

International Property Disposition (IPD) did not respond to our enquiries.

Assessment

Upheld

The ASA was concerned by IPD's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response).  We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.

Because IPD failed to provide evidence to prove that recipients of the mailing would receive a Land Rover or cash equivalent of £21,380, we concluded that the mailing was misleading.

The ad breached CAP Code clauses 2.6 (Non-response), 6.1 (Honesty), 7.1 (Truthfulness), 27.4 (Sales promotion rules) and 35.1 and 35.2 (Prize promotions).

Action

The mailing must not appear again in its current form.  We asked CAP to inform its media members of the problem with IPD.

Adjudication of the ASA Council (Non-broadcast)