ASA Adjudication on Echo Model Management
Date:
30 November 2011
Media:
Internet (classified)
Sector:
Employment
Number of complaints:
1
Complaint Ref:
A11-170254
Ad
Two ads for a modelling agency, seen on 31 August 2011:
a. An online ad stated "We are now seeking Cool and Sexy people to join us at our busy modelling agency … We are looking for MALE and FEMALE to pose for fashion catalogues and magazines ... Ages between 16 - 35 may apply Earn between £250 to £850 a day (depending on assignments) Music videos from R N B to Rock Videos also need good looking people ... Treat this as a cool way to make some extra income for the summer holidays ... To apply, Please email us a picture of yourself at [email address] and we will get back to you as soon as possible ... (Don't need to be professional pictures - HOLIDAY SNAPS would be fine) ...".
b. An online ad stated "We are now looking for GOOD LOOKING AND FUN GIRLS AND GUYS are from 16-40 to take part in car showrooms Fashion catalogues and Magazines and also Rock music videos ... NO EXPERIENCE NECESSARY (Our fashion photographers will teach you how to pose and be a model if you are not experienced) ... We also have a huge range of fashion designers whom are willing to take NEW MODELS ... You DO NOT NEED to have a PORTFOLIO or professional photos at this stage .. Just email us ONE natural picture of yourself taken by a camera phone or a holiday picture (Don't worry if you look just OK in the pictures ... we just want to see that you can have FUN and also if you LOVE THE CAMERA) If you are successful, we will then put you forward to our clients for CAR SHOWROOMS to FASHION DESIGNERS or just as an extra in the background of a music video ...".
Issue
Clive Hurst challenged whether:
1. the claim "Earn between £250 to £850 a day (depending on assignments)" in ad (a) was misleading and could be substantiated;
2. the claim "Please email us a picture of yourself at [email address] and we will get back to you as soon as possible ... (Don't need to be professional pictures - HOLIDAY SNAPS would be fine)" in ad (a) and "You DO NOT NEED to have a PORTFOLIO or professional photos at this stage ... we just want to see that you can have FUN and also if you LOVE THE CAMERA)" in ad (b) misleadingly implied that photographs were not required to join the agency, because he understood that applicants were required to pay for photographs and a portfolio;
3. both ads were misleading, because they failed to state that upfront fees would be payable; and
4. the jobs advertised in both ads were genuine.
CAP Code (Edition 12)
Response
1., 2., 3. & 4. Echo Model Management did not respond to the ASA's enquiries.
Assessment
1., 2., 3. & 4. Upheld
The ASA was concerned by Echo Model Management's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
We noted that Echo Model Management had not provided evidence to substantiate the claims. We therefore considered the claims had not been substantiated and were misleading.
The ad breached CAP Code (Edition 12) rules 1.7 (Unreasonable delay), 3.1 and 3.3 (Misleading advertising), 3.7 (Substantiation) and 20.2 (Employment, homework schemes and business opportunities).
Action
The ads must not appear in their current form again. We referred the matter to CAP to inform its members.
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