Ad description
The website www.nationalinsurance.uk.com advertised its online application service for obtaining a National Insurance Number. In the top left-hand corner of the web page, a logo stated "NATIONAL INSURANCE REGISTRATION Online Service", underneath text stated "Apply for a National Insurance Number".
Issue
The complainant, who understood the advertiser provided a commercial application-checking service, challenged whether the ad misleadingly implied that it was for an official service.
Response
WHO4 Ltd t/a National Insurance Registration said they relied on sponsored ads on search engines to generate traffic to their website. They said those ads did not use the term "official" or imply any government affiliation, and they considered that because those ads were identified as sponsored ads, consumers would understand that they linked to a third party, commercial website.
National Insurance Registration said the website prominently displayed that they were not affiliated with the UK government, and promoted the benefits of their service as an alternative. They highlighted that the website's home page included text which stated "Whether you have just arrived in the UK or even if you are thinking of heading there soon, then our company can help you. Here at nationalinsurance.uk.com we can help you with your application for a National Insurance Number. We will help you apply with step-by-step instructions and will assist you in ensuring that your application is correctly completed to help make the application process a much faster and easier experience ... Neither WHO4 nor Nationalinsurance.uk.com are affiliated/associated with HMRC or Job Centre Plus", the final sentence of which was in bold font. They said they had included a comparison table under that text to distinguish the service they provided from the service provided by HM Revenue & Customs (HMRC) and the Department for Work and Pensions (DWP) through Job Centre Plus, including the hyperlinked text "Apply via HMRC" which took users to the HMRC website.
National Insurance Registration said the '.uk.com' domain name of the website identified to consumers that it was not a government website (which used '.gov.uk' domain names) and they said they had specifically chosen not to use a '.org' or '.org.uk' domain name in case consumers understood those to belong to official organisations. They said their company was clearly identified as "WHO4 Ltd T/A nationalinsurance.uk.com". They considered it was therefore clear that they were a commercial organisation. They also said the logo at the top left-hand corner of the web page, which stated "NATIONAL INSURANCE REGISTRATION Online Service", was a description of the service they provided. They did not feel that it could be mistaken for the official government service because there was no official government online service for national insurance applications; the government service was provided only by telephone or post.
Assessment
Not upheld
The ASA understood National Insurance Registration offered four services at prices between £70 and £130: two services which were advertised as facilitating the application process for National Insurance Numbers (NINs), one of which was a "Fast Track" service; a service whereby consumers could obtain official written confirmation of their NIN; and a service whereby consumers could obtain official written confirmation of their NIN with acknowledgement of a change of name. We understood that the government did not charge for NIN applications, for providing confirmation of a NIN, or for registering a name change in a person's NIN record. We understood it was possible to register a name change via a form on HMRC's website, but that for applications for, or confirmation of, a NIN there was not an online process.
We noted National Insurance Registration's website included statements that the advertiser was not affiliated or associated with UK government bodies, including text at the end of the first section of body copy which stated "We are not affiliated in any way with Job Centre Plus, The Department for Work and Pensions or the UK Government", text in bold font slightly further down the page which stated "Neither WHO4 nor Nationalinsurance.uk.com are affiliated/associated with HMRC or Job Centre Plus", and the latter statement again in small print at the bottom of the web page. Whilst we considered website users might overlook the text at the bottom of the web page, we considered the previous statements were much more prominent and clearly disassociated the advertiser and their service from that provided by government bodies.
In conjunction with those statements, we considered other aspects of the ad also alerted consumers that the advertiser was not a government body. For example, the advertisers' service was described as offering "the following benefits over the service that can be obtained from the DWP directly", and further text stated "You may, at your option, choose to apply directly with the UK government, where there will be no fee payable. You can apply by contacting Job Centre Plus directly". The ad also featured a table that compared "Our Service" with that of "Job Centre Plus" and included a link labelled "Apply via HMRC", which took website users to information on the HMRC's website about how to apply for a NIN. Furthermore, we noted the general design and layout of the website did not bear any particular resemblance to the websites of relevant government bodies, such as the DWP, HMRC or direct.gov. We therefore concluded the website was unlikely to mislead users into understanding that it provided an official government service.
We investigated the ad under CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
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.
(Misleading advertising), but did not find it in breach.
Action
No further action necessary.
