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ASA Adjudication on Rising Models

Rising Models

1 Neilson Grove
Burntisland
Fife
KY3 0BL

Date:

2 November 2011

Media:

Internet (on own site)

Sector:

Business

Number of complaints:

1

Complaint Ref:

A11-167552

Ad

A website, for a modelling agency, stated "We have connections with the most ELITE modelling agencies in the country!" and "TO JOIN OUR VIP MODEL CLUB FOR A CHANCE TO SIGN WITH A MAJOR MODELING AGENCY AND OTHER SPECIAL OFFERS TEXT '4MODELS' TO '88802' RIGHT NOW!!".

Issue

Clive Hurst, a campaigner, who saw the ad on 1 August 2011 challenged whether:

1. the claim "We have connections with the most ELITE modelling agencies in the country!"could be substantiated; and

2. the ad misleadingly stated that texts were charged at a standard network rate, when the text number shown was a premium rate number.

CAP Code (Edition 12)

Response

1. Rising Models said they were not a modelling agency and did not claim to offer work opportunities. They said they had a list of contacts but did not claim to know them personally. They listed eight names and e-mail addresses and believed this demonstrated that they had connections with the most elite modelling agencies in the country. They submitted their "Terms of Use" and believed this demonstrated that they were not a modelling agency.

2. They submitted a link to the website of their text message provider and believed this demonstrated that the texts were charged at standard network rate.

Assessment

1. Upheld

The ASA noted Rising Models said they did not offer work opportunities and that their "Terms of Use" stated that they were not affiliated with any particular modelling agencies. However, we considered the claim "TO JOIN OUR VIP MODEL CLUB FOR A CHANCE TO SIGN WITH A MAJOR MODELING AGENCY" implied that some readers could find work opportunities by joining their VIP Model Club. We considered readers would understand the claim "We have connections with the most ELITE modelling agencies in the country!" to mean that they had working relationships with the UK's leading modelling agencies. We noted eight e-mail addresses and name were submitted, that seemed to refer to modelling agencies. However, in the absence of evidence that demonstrated that these agencies had recent business connections with the advertiser, or that they were considered, by the industry, to be the most elite in the UK, we considered the claim had not been substantiated and concluded that it was misleading.

On this point the ad breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising) and 3.7 (Substantiation).

2. Not upheld

We noted from the link submitted that sending a text message to 88802 cost senders their normal network rate. We considered this demonstrated that the number was not charged at a premium rate and concluded that the ad was not misleading on those grounds.

We investigated this point under CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising) and 3.7 (Substantiation) but did not find it in breach.

Action

The ad must not appear again in its current form. We told Rising Models not to use the claim again. We also told them not to make claims unless they held evidence to substantiate them.

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