Background
Summary of Council decision:
Two issues were investigated both of which were Upheld.
Ad description
A website, www.townandcountrydriveways.co.uk, and a brochure for Town & Country Driveways Ltd:
a. Text on the website stated "Whatever the character or age of your house, whether contemporary or traditional, our experienced surveyors will be able to create a design that will be visually stunning, practical, hardwearing and requiring virtually no maintenance" and "In our pursuit of excellence we continuously monitor and audit procedures to guarantee you the highest quality service standards. Through our membership of the Concrete Society we have access to all the latest technical innovations, which ensures that Town and Country continues to provide customers with a product that not only looks stunning, but will continue to do so for a very long time. And, our Insurance Backed Guarantee means complete peace of mind for every customer".
b. The brochure featured text that stated "In our pursuit of excellence we continuously monitor and audit procedures to guarantee you the highest quality service standards. Through our membership of the Concrete Society we have access to all the latest technical innovations, which ensures that Town and Country continues to provide customers with a product that not only looks stunning, but will continue to do so for a very long time. And, our Insurance Backed Guarantee means complete peace of mind for every customer".
Issue
The complainant challenged whether:
1. the claim that the driveways required "virtually no maintenance" was misleading, because they understood that concrete driveways needed to be frequently cleaned and treated with sealant every three to five years, if they were to be maintained to a reasonable standard; and
2. the ads should have made clear that the Insurance Backed Guarantee did not include cover for cracking, which they understood to be the primary issue associated with concrete driveways.
Response
1. Town & Country Driveways Ltd believed the advertised product was low maintenance by comparison to alternative methods used to create a driveway. They cited block paving, slabs and tarmac as examples of driveways that required greater maintenance. They said customers were advised to regularly hose and brush the driveway to keep it clean and prolong the lifespan of the sealant. They said under normal conditions a sealant had a life span of two to five years at which point it should be re-sealed.
2. Town & Country Driveways said the Insurance Backed Guarantee became active only if they ceased trading. They said cracking was not the primary issue with the advertised product and that it was unlikely for cracking to occur if the installation was completed correctly. They said they took steps to prevent the occurrence of cracking, but due to the use of concrete could not guarantee against it. They said the contract and the "FAQ" section of their website made clear that they did not guarantee against cracking.
Assessment
1. Upheld
The ASA considered consumers would understand the claim "virtually no maintenance" meant that customers were required to carry out minimal maintenance work to maintain the quality of their driveway. Whilst we considered consumers were likely to regard regular cleaning of the driveway as satisfying the description of "virtually no maintenance", we considered the need to re-seal the driveway after a period of two to five years went beyond that description. We therefore considered the claim "virtually no maintenance" was likely to mislead consumers as to the level of maintenance required to maintain the driveway. On that basis, we concluded that ad (a) breached the Code.
On this point, ad (a) breached 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).
2. Upheld
The ads featured text that stated 'Through our membership of the Concrete Society we have access to all the latest technical innovations, which ensures that Town and Country continues to provide customers with a product that not only looks stunning, but will continue to do so for a very long time' and 'our Insurance Backed Guarantee means complete peace of mind for every customer'. In that context, we considered consumers would understand the ads meant that the Insurance Backed Guarantee was a guarantee for the quality of the driveway and included cover for cracking. We therefore considered the exclusion of cover for cracking to be a significant limitation to the guarantee that should have been made clear in the ads. Because it was not, we concluded that the ad breached the Code.
On this 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.
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) and
3.54
3.54
Marketing communications must make clear each significant limitation to an advertised guarantee (of the type that has implications for a consumer's rights). Marketers must supply the full terms before the consumer is committed to taking up the guarantee.
(Guarantees and after-sales service).
Action
The ads must not appear again in their current form. We told Town & Country Driveways to ensure future ads did not misleadingly imply that the advertised driveways required "virtually no maintenance". We also told them to ensure future ads made clear significant limitations to the advertised guarantee.
