ASA Adjudication on Mobile Phone Xchange Ltd

Ad

A TV ad stated "Did you know that you can exchange any unwanted mobile phones for cash at mobilephoneexchange.co.uk? If you have recently upgraded or are about to change your phone, then visit our website to get an instant valuation for your old mobile. It's really easy. Just send your phone and we'll pay you up to two hundred pounds directly into your bank account. The newer the phone the more cash you get. Visit mobilephoneexchange.co.uk now, because there's money in your mobile".

Issue

A viewer challenged the claim "Did you know you could exchange any unwanted mobile phones for cash ...?" because when he tried to exchange his old phone, the company would not take it.

BCAP TV Code

Response

Mobile Phone Xchange Ltd (Mobile Phone Xchange) said it was true that they did not buy absolutely every model of phone. They said their exclusion policy was based on value. They said they did not have a figure for the number of phones that were excluded from purchase, but said the number of types of phone they would purchase was at present over 900 and they did not believe they were misleading consumers in any significant way.

Clearcast said they were not aware of any restrictions on the purchase of phones when they cleared the ad.

Assessment

Upheld

The ASA considered that, because the ad stated "Did you know that you can exchange any unwanted mobile phones for cash at mobilephoneexchange.co.uk?" viewers would understand that they could exchange any make or model of mobile phone for cash with Mobile Phone Xchange. Because that was not the case, we concluded the ad was likely to mislead.

The ad breached CAP (Broadcast) TV Advertising Code rules 5.1.1, 5.1.2, 5.1.3 (Misleading advertising), 5.2.1 (Implications) and 5.2.3 (Misleading advertising: qualifications).

Action

The ad must not be broadcast again in its current form.

Adjudication of the ASA Council (Broadcast)