ASA Adjudication on ETOO Marketing and Consulting SL

Ad

A TV ad, for the European Timeshare Owners Organisation (ETOO), featured a voice-over that stated "Looking to sell your timeshare or points? You need to speak to ETOO, the European Timeshare Owners Organisation. ETOO should be your first choice to purchase, sell or exchange your timeshare or points. Call ETOO now on 0800 ...". On-screen text stated "Members of ITRA".

Issue

The ASA challenged whether the statement "Members of ITRA" misleadingly implied that ETOO were regulated by an established and widely recognised regulatory body that offered consumers a significant level of protection, because we understood that ITRA was a newly created self-regulatory trade body with no official status and only three members, including ETOO.

BCAP TV Code

Response

The European Timeshare Owners Organisation (ETOO) supplied the ASA with a media schedule that showed the TV station and date on which the ad was shown in August 2007. They said they had advertised for one year without complaint. ETOO said the International Timeshare Resale Association (ITRA) had 12 members and was formed in 2002 as a public information and guidance vehicle, which could be accessed for free on the Internet. They explained that the ITRA website offered consumers independent unbiased advice and any legitimate timeshare company could apply for membership. They told us that ITRA was a member of the American Resort Developers Association (ARDA) and was bound by its ethics and code of conduct.

The Broadcast Advertising Clearance Centre (BACC) said the ad was identical to one which had appeared on TV for many years; they said the inclusion of the ITRA logo was the only minor amendment to it. They considered that the claim "Members of ITRA" did not imply that ETOO was regulated by a widely recognised regulatory body that offered consumers a significant level of protection. They pointed out that the ad made no reference to regulation or consumer protection and disagreed that it could mislead. The BACC considered that the reference did not imply any attributes other than a connection between ETOO, ITRA and its members.

Assessment

Not upheld

The ASA noted the points made by ETOO and the BACC. We understood from ITRA's website that it was a self-regulatory co-operative established in 2002 as a bona fide association of timeshare resale brokers, bound by international law. We noted ITRA had 12 members, not three, and understood that ETOO was a members. We considered that the ad did not imply that ITRA was a self-regulatory or consumer-protection body; it merely told viewers that ETOO was a member of ITRA. We concluded that the ad was acceptable.

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising) and 5.2.2 (Implications) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)