ASA Adjudication on Mercedes-Benz (United Kingdom) Ltd

Ad

A direct mailing, from Mercedes-Benz UK Ltd, stated “… The perfect couple. Your navigation system. Our up-to-date information … What the latest navigation CDs or DVDs from Mercedes-Benz offer: More up to date road data Higher accuracy New house numbers … 20% more information … your navigation data should be as complete and comprehensive as possible … With up-to-date data you can avoid unnecessary detours … Use this voucher by 30.09.2009 and save money: when you purchase an up-to-date CD or DVD for your Mercedes-Benz navigation system we will give you a 20% discount on the standard retail price”.

Issue

The complainant, who found that the system in the offer used data that was published in October 2008 and that an updated version was due to become available within two months, challenged whether the mailing was misleading because it claimed as "up-to-date", and encouraged recipients to buy at a discounted rate, a product that was about to become obsolete.

CAP Code (Edition 11)

Response

Mercedes-Benz UK Ltd (MB) explained that the Satellite Navigation mailing campaign offered 20% off all available MB Navigation update discs, covering all models fitted with a factory navigation system aged between two and seven years old from production date. They confirmed that the complainant had been incorrectly advised that the discount had been offered because the DVD particular to his vehicle was approaching modification and also confirmed that the upgrade relevant to him was released in August 2009.

MB explained that they only became aware of new, updated Satellite Navigation discs once they were made available from Daimler AG in Stuttgart, Germany (MBs parent company). They acknowledged that, on occasion, a phase of transition happened whereby new updates became available shortly after or during a promotional campaign, which, they understood, was what had happened in this case. They confirmed, however, that customers were able to take advantage of the 20% off promotion for all discs, including any that were updated in the course of the promotion, until the closing date, 30 September, and added that they accepted the discounted vouchers for up to four weeks after the campaign ended.

Assessment

Not upheld

The ASA understood that the complainant had been incorrectly advised that the Satellite Navigation disc offered was released for sale in October 2008 and that it was being made available with a 20% discount because it was approaching modification and update. We also understood that the Navigation update for the complainants vehicle was released in August 2009 at around the same time as he received the mailing. We acknowledged Mercedes confirmation that the offer of 20% discount in the mailing was valid until 30 September against all navigation CDs and DVDs from Mercedes and also that it applied to any upgraded systems available within the offer timeframe.

We were concerned that the complainant had been given incorrect information. We considered, however, that, because the offer was valid against the most current systems available at the time the mailing was distributed and continued to be valid against modified and upgraded systems released before the closing date, the mailing did not misleadingly describe as "up-to-date" the product included in the offer.

We investigated the mailing under CAP Code clauses 3.1 (Substantiation), 7.1 and 7.2 (Truthfulness) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)