Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A sponsored ad on Google for a driving theory test service stated "Theory test £31 - Instant Booking £31 BOOK NOW. www.book-theory-test-online.co.uk/GOV-UK. Book Official Dsa Theory Test Now".
Issue
1. Eight complainants challenged whether the ad was misleading because they did not receive instant confirmation of the booking.
2. Nine complainants challenged whether the ad was misleading because they believed the advertiser was not an official government website or a DSA theory test provider.
3. Five complainants challenged whether the ad was misleading because the theory test cost £49.50 to book online.
Response
Book Theory Test Online Ltd did not respond to the ASA's enquiries.
Assessment
The ASA was concerned by Book Theory Test Online Ltd's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to provide a substantive response to our enquiries and told them to do so in future.
1. Upheld
We noted that consumers had not received a booking confirmation immediately after purchasing the product. Because Book Theory Test Online Ltd did not provide documentary evidence to demonstrate that the booking was instant, we concluded that the ad was misleading.
On that point, the ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
and
3.4.5
3.4.5
the arrangements for payment, delivery, performance or complaint handling, if those differ from the arrangements that consumers are likely to reasonably expect
(Misleading advertising) and
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification).
2. Upheld
We considered consumers would understand from the claim "Book Official Dsa Theory Test Now" that the advertiser was the Driving Standards Agency (DSA) and that the link would enable them to book their theory test via an official government or DSA channel. We noted that Book Theory Test Online Ltd did not provide documentary evidence to show that they were affiliated to the official government website for booking theory tests or were a DSA theory test provider. Because of that, we concluded that the ad was misleading.
On that point, 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), 3.9 3.9 Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify. (Qualification) and 3.50 3.50 Marketing communications must not display a trust mark, quality mark or equivalent without the necessary authorisation. Marketing communications must not claim that the marketer (or any other entity referred to), the marketing communication or the advertised product has been approved, endorsed or authorised by any public or other body if it has not or without complying with the terms of the approval, endorsement or authorisation. (Endorsements and Testimonials).
3. Upheld
We considered that consumers would understand from the price statement that the theory test would cost "£31", but understood it cost £49.50 to purchase online. Because we had not seen evidence to show that the price of £31 was obtainable we concluded that the ad was misleading.
On that point, the ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
and
3.4.5
3.4.5
the arrangements for payment, delivery, performance or complaint handling, if those differ from the arrangements that consumers are likely to reasonably expect
(Misleading advertising) and
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification).
Action
The ad must not appear again in its current form. We referred the matter to CAP's Compliance team.
