Ad description
A radio ad, for a second-hand watch dealer, featured a woman who said "George had an old Rolex lying in the drawer he never used to wear, so I sent it off to BQ Watches. You must have heard their ad on the radio for BQWatches.com. I just texted the word 'watch' to [text number] and they sent me £3,400 for it. The money was in my account the very same day ...".
Issue
A listener challenged whether the claim "I just texted the word 'watch' ... The money was in my account the very same day" was misleading and could be substantiated, because they understood that payment would not be made the same day as first contacting the advertiser.
Response
Best Quality Watches Ltd explained that they would contact a listener after receiving a text and it would then be possible for the listener to bring the watch into their offices in Edgware. Subject to an agreement being reached, a transfer would be made immediately to the client's bank account if that was their preferred payment option. They said payment could therefore be in a listener's account on the day that they first contacted Best Quality Watches.
Best Quality Watches said, alternatively, it was possible to sell the watch by post. They would send a special delivery insured envelope to the listener to enable them to post the watch back to them. They would contact the listener the same day the watch was valued and offer them a price; if accepted, the money would be sent to the client via their preferred payment option, which would include direct instant payment.
The RACC believed that, because same-day payment was possible, the ad was unlikely to materially mislead listeners.
Assessment
Upheld
The ASA considered that the claim "I just texted the word 'watch' ... the money was in my account the very same day" gave the impression that listeners could expect payment in their account the same day they contacted the advertiser. We acknowledged that same-day payment was possible if a listener visited the offices of Best Quality Watches, but considered that for the majority of listeners that would not be a viable option. We noted the ad was broadcast on a London radio station and nationally on digital radio services as a 'filler' ad. However, even for those listeners who lived near Edgware, it was unlikely that they would be in a position to visit the advertiser's offices the same day they texted them and listeners were therefore more likely to request the postal valuation option.
We understood using the postal service would take several days from first texting the advertiser to being offered a price for a watch and, because it was likely that option would be used by most listeners, we considered the claim had exaggerated the likelihood of same day payment. We therefore concluded that the claim "I just texted the word 'watch' ... the money was in my account the very same day" gave a misleading impression of the likely speed of payment.
The ad breached BCAP Code rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Misleading advertising), 3.9 3.9 Broadcasters must hold documentary evidence to prove claims that the audience is 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) and 3.12 3.12 Advertisements must not mislead by exaggerating the capability or performance of a product or service. (Exaggeration).
Action
The ad must not be broadcast again in its current form.
