Ad description
A website for an estate agency, viewed in September 2011, listed 17 office addresses under the heading "Scottish Office Directory". The ad featured a map that was marked with 15 office locations across mid-Scotland.
Issue
The complainant challenged whether the ad was misleading and could be substantiated, because he believed Century 21 United Kingdom did not have offices in all the locations listed.
Response
Century 21 United Kingdom stated that when they used the term "find an office" they were offering a facility for a consumer to find an area in which they currently had properties for sale or for let. They explained that every area mentioned on their website was where they had a franchisee in place with properties available and they did not mean to mislead consumers about where Century 21 United Kingdom agents could be found. Each agent had bought their own business and they believed that they should have the right to be advertised and promoted accordingly. They stated that they did not make any distinction between a physical office or a virtual office as they both had a place in today's market.
Assessment
Upheld
The ASA considered the text "Find a CENTURY 21 Estate Agents office in Scotland" and "Scottish Office Directory" was likely to be interpreted by consumers to imply that Century 21 United Kingdom had offices in each of the locations listed. We noted that that was the case for fewer than half of the offices listed; for example, the nearest office for Bathgate was Falkirk and that was over ten miles away. We noted that Century 21 United Kingdom made no distinction between a physical office or a virtual office. However, we considered that most consumers would make that distinction. We considered the overall impression of the ad was that Century 21 United Kingdom had offices in all of the locations listed and, because that was not the case, we concluded that the ad was misleading.
The ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation).
Action
The ad must not appear again in its current form. We told Century 21 United Kingdom that they should only list locations in which they had physical offices.
