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ASA Adjudication on MSG Elite Marketing Ltd

MSG Elite Marketing Ltd

3rd Floor, 12–16 Castle Lane
Belfast
County Antrim
BT1 5DA

Date:

15 February 2012

Media:

Internet (classified)

Sector:

Business

Number of complaints:

1

Complaint Ref:

A11-172777

Ad

Twenty online ads for job vacancies, that appeared on an internet jobs website. In each case the job salary was described as "£200 - £300 per week OTE". The vacancies were for the following roles: 7 x 'Retail Sales/Customer Service/Hospitality', 2 x 'Telecoms & Broadband Sales', 'Marketing Openings', 4 x 'Sales Advisor/Sales Assistant', 'Multiple Openings within Sales', 'Hospitality/Customer Service', 4 x 'Retail/Bar Staff' .

Issue

The complainant who saw the ads during September 2011, challenged whether the ads were misleading because they believed the vacancies were for self-employed door-to-door sales persons.

CAP Code (Edition 12)

Response

MSG Elite Marketing Ltd (MSG) stated different job sites had different requirements for showing how applicants would be paid. They said earnings could vary considerably and depend on the individual, so that they did not state actual salaries in ads, but instead provided an average earning stating OTE (on target earnings). MSG stated earnings are accumulated on a daily basis, and paid on completed sales.

MSG said it was an outsourced sales company that worked with several clients ranging from entertainment to telecommunications. They said that when contacting respondents they made it clear on the phone and in person what the specifics of each role are, and what its clients are looking to achieve with the outsourced sales services they provided. MSG said the use in its ads of the phrase, "Since we target potential customers where they work, live and shop you should possess strong communication skills and enjoy working with customers. You will be working with customers and clients face-to-face, so solid communication skills and a willingness to learn is essential", helped avoid any misunderstanding about the roles it advertised.

Assessment

Upheld

The ASA noted that the advertised roles were in sales, and that applicants could be asked to fulfil roles that would involve working in a number of ways and in differing environments, including door to door.  We noted MSG did not provide information about whether those recruited were self-employed, but stated that when candidates made telephone contact the role specifics were made clear to them.  We concluded, in the absence of evidence to the contrary, that the roles advertised were self-employed. We also noted that the job type for each role was listed as "permanent". We considered that the overall impression created by the statements and descriptions in the ads was not sufficient to convey that the roles were door-to-door self-employed sales positions.  We therefore concluded that the ads were misleading.

The ads breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading Advertising) and 20.2 (Employment).

Action

The ads must not appear again in their current form. We told MSG Elite Marketing Ltd to ensure that their future ads made clear when positions were door-to-door sales positions.

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