ASA Adjudication on Platinum Publishing UK
Platinum Publishing UK
121 Telegraph Road
Heswall
Wirrall
CH60 0AF
Date:
10 June 2009
Media:
Direct mail
Sector:
Business
Number of complaints:
1
Complaint Ref:
88569
Ad
A direct mailing, from Platinum Publishing UK, incorporated a proof ad for G20 Security Ltd, which gave their address and telephone number, and an invoice. The invoice stated "FINAL REMINDER" and asked for payment of £495 for a half-page ad in 999 Magazine. Details of how to pay by cheque and BACS transfer were included.
Issue
G20 Security believed the mailing was dishonest and misleading, because it implied they had purchased advertising with Platinum Publishing when they had not.
CAP Code (Edition 11)
Response
Platinum Publishing did not respond to our enquiries.
Assessment
Upheld
The ASA was concerned by Platinum Publishings lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
Because we understood that the complainant had not entered into a contract with Platinum Publishing, we concluded that the mailing was misleading and did not make sufficiently clear that it was a marketing communication.
The ad breached CAP Code clauses 2.6 (Non-response), 6.1 (Honesty), 7.1and 7.2 (Truthfulness) and 22.1 (Recognising marketing communications).
Action
The ad must not appear again in its current form. We asked CAP to inform its media members of the problem with Platinum Publishing.
Adjudication of the ASA Council (Non-broadcast)