ASA Adjudication on Roadnet Automotive Ltd

Ad

a. A direct mailing in the form of a letter that provided information about the products devices designed to warn drivers of upcoming speed cameras. A ribbon on each page of the letter stated “FREE installation when *you order within 7 days”. b. A brochure, sent with the direct mailing, included several pages with ribbons across the corners that stated "FREE INSTALLATION NATIONWIDE*". One inside page gave details of the "LASER STAR LX AND ALL NEW 2009 XL VERSION". Text on another inside page stated "Choose from a free installation or free easy install kit both worth over £80 only when you order within 7 days … free nationwide installation save over £80." Smaller print on that page stated "*Installation on new XT models, whilst stocks last."

Issue

The complainant objected that the ads were misleading because they did not make it sufficiently clear that the free installation was available only on XT models (which were not shown in the mailings).

CAP Code (Edition 11)

Response

Roadnet Automotive Ltd (Roadnet) stated they had had to withdraw the free fitting offer, because of financial difficulties beyond their control. They said that customers who had ordered the products were offered alternatives: a free Wireless Installation Kit to enable the customer to self-fit; a full refund on returning the unit; or a priority fitting service at a discounted price.  They pointed out that the conditions for the free installation (which applied to the new XT models only) were outlined inside the brochure, at the bottom of page 3, under the title "free bespoke installation", in a yellow section dedicated to the various options for fitting.

Assessment

Upheld

The ASA noted that Roadnet had had to withdraw the free fitting offer, but acknowledged that it had offered alternatives to its customers.  We noted that ad (a) stated "FREE installation when *you order within 7 days", but that there was no further information about the terms of the offer in ad (a) and neither any asterisked text nor small print in the letter.  We noted that ad (b) included text in a yellow section, which provided additional information about installation, and that there was small asterisked text in that section, which stated "*Installation on new XT models, whilst stocks last".  However, we noted that the claims "FREE installation when *you order within 7 days" and "FREE INSTALLATION NATIONWIDE*" appeared repeatedly throughout ads (a) and (b), but that the significant condition, that the free installation applied to the new XT models only, was not clearly displayed.  We noted in addition that the XT device was not pictured in the ad (b); only the XL and new 2009 XL versions were pictured.  

Because we considered that the ads did not make the restrictive nature of the installation offer sufficiently clear, we concluded that the ads were misleading.

The ad breached CAP Code clauses 7.1 and 7.2 (Truthfulness).

Action

The ads must not appear again in their current form.

Adjudication of the ASA Council (Non-broadcast)