Background
Summary of Council decision:
Two issues were investigated, both were Upheld.
Ad description
An e-mail for a courier company stated "We have work available in your region as a self employed owner driver that pays on average between £250 and £350 per day ... Simply Sameday will generate work for you on an on-going basis via our website www.simplysameday.co.uk ... We currently have availability on a nationwide basis and currently have vacancies in and around your region which will be the [complainant's postcode] area. Daily earnings in excess of £300 are quite achievable and you can do this role on a full or part-time basis ... If you decide to work with Simply Sameday below is a brief list of what we offer ... We will supply you between 3- 6 work notifications per day in your region. You decide which ones to go for ... Payment for work done on a daily basis ... Earning Potential of between £650 and £950 and beyond per week ... We are currently recruiting on a nationwide basis so why not apply here!! as we currently have availability in your region".
Issue
Two complainants challenged whether:
1. the advertised positions were genuine, and
2. the earnings claims were misleading and could be substantiated.
Response
Simply Same Day (SSD) said a courier charged between 95 pence and £1.25 per mile therefore, for one job that was 240 miles, a courier could achieve £300 in one day.
Assessment
1. & 2. Upheld
The ASA noted the e-mail stated that SSD had vacancies available in the complainant's location and were currently recruiting. However, we did not receive any documentary evidence to demonstrate that the vacancies were genuine. Furthermore, whilst we noted SSD's explanation and calculation of how earnings of £300 could be achieved, we had not received any actual evidence in support of the earnings claims. We expected SSD to provide documentary evidence in the form of financial records in support of the claims. In the absence of any evidence that the claimed earnings were achievable we concluded that the e-mail was misleading and in breach of the Code.
The e-mail breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
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),
3.11
3.11
Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.
(Exaggeration) and
20.2
20.2
Employment marketing communications must relate to genuine vacancies and potential employees must not be asked to pay for information.
Living and working conditions must not be misrepresented. Quoted earnings must be precise; if one has to be made, a forecast must not be unrepresentative. If income is earned from a basic salary and commission, commission only or in some other way, that must be made clear.
(Employment, homework schemes and business opportunities).
Action
The e-mail must not appear again in its current form. We told SSD to ensure they held evidence to demonstrate that their employment marketing communications related to genuine vacancies and that any earnings claims could be substantiated.
