ASA Adjudication on Microsoft Ltd

Ad

A sales promotion, for discounted exam fees, appeared on the front cover of a study guide. Text stated “Get 25% exam discount, plus free online pre-test!”. Small print stated “Details inside”.

Issue

The complainant objected that the ad was misleading, because it did not make clear that the discount applied only to exams taken in the US.

CAP Code (Edition 11)

Response

Microsoft did not respond in writing to our enquiries but told us over the telephone that they had understood that the book was not available in the UK however they had since realised that was not the case.  They confirmed that the discount applied only to exams taken in the US and explained that was made clear when consumers visited the relevant website.

Assessment

Upheld

The ASA noted details of the promotion, including a web address, appeared inside the book.  We noted the value of the discount was stated inside the book in US dollars; however, we considered that did not go far enough to remove the impression given by the claim on the cover that the exam discount was available to everyone.  We noted it was not stated either on the cover of the book, or inside, that the discount applied only to exams taken in the US.  We considered that was a significant condition of the promotion and therefore should have been stated before consumers visited the website.  Because a significant condition was omitted, we concluded that the promotion was misleading.   

The ad breached CAP Code clauses 7.1 (Truthfulness), 27.4 (Sales promotion rules) and 34.1f (Significant conditions for promotions - restrictions).

Action

The ad must not appear again in its current form.  We told Microsoft to ensure that significant conditions of promotions were made clear in future.

Adjudication of the ASA Council (Non-broadcast)