Ad description
A radio ad promoting a finance deal on a car from a vehicle dealership included a jingle that began halfway through the ad and gradually increased in volume whilst the terms and conditions of the offer were spoken in the voice-over.
Issue
The complainant challenged whether the ad was misleading, because the terms and conditions stated at the end were not clearly audible.
Response
Vertu Motors plc said the terms and conditions were clearly audible. They stated that, whilst some information was read at a slightly quicker pace than the main part of the ad, it had not been digitally sped up and was not incomprehensible. After further consideration of the complaint, Vertu Motors said they had withdrawn the ad and would cease to use background music and sound effects whilst financial information was stated.
The Radio Advertising Clearance Centre (RACC) said they had cleared the script for the ad on the condition that tags containing important clarifications or legally required information were read in such a way that they could be easily heard and understood.
Assessment
Upheld
The ASA considered that the terms and conditions, which included financial details of the offer, constituted material information that needed to be clearly communicated to the listener in order to ensure that they could make an informed decision in respect of the advertised product. We noted that the jingle began around the same time as the terms and conditions were spoken. Whilst we were satisfied that the terms and conditions were at first clearly audible, the jingle gradually increased in volume and complexity, and by the end of the ad included a sung element over the top of the underlying instrumental. We considered that the terms and conditions were not clearly audible throughout the entirety of the ad and therefore concluded that the ad breached the Code.
The ad breached BCAP Code rules
1.3
1.3
Advertisements must comply with the law and broadcasters must make that a condition of acceptance.
(Compliance),
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
and
3.2
3.2
Advertisements must not mislead consumers 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 consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
(Misleading advertising),
3.11
3.11
Qualifications must be presented clearly.
BCAP has published Guidance on Superimposed Text to help television broadcasters ensure compliance with rule
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
. The guidance is available at:
http://www.cap.org.uk/~/media/Files/CAP/Help%20notes%20new/BCAP_Advertising_Guidance_Notes_1.ashx
(Qualification) and
14.11
14.11
The advertising of unsecured consumer credit or hire services by consumer credit businesses or consumer hire businesses and / or credit brokering businesses or related credit services, such as debt counselling or debt adjusting is acceptable only if the advertiser complies with the financial promotions requirements imposed by FSMA and the FCA's rules set out in Chapter 3 of CONC.. The requirements for financial promotions set out in Chapter 3 of CONC do not apply: (a) where the credit is available only to a company or other body corporate (such as a limited liability partnership); (b) where a financial promotion is solely promoting credit agreements or consumer hire agreements or P2P lending agreements for the purposes of a customer's business; (c) to a financial promotion to the extent that it relates to qualifying credit or (d) it falls within the definition of an excluded communication as set out in the FCA's handbook. If the applicability or interpretation of these rules or provisions is in doubt, advertisers may contact the FCA. The FCA does not check financial promotions for compliance with the CONC rules before they are published. Such advertisements that involve distance marketing must also comply with the Financial Services (Distance Marketing) Regulations 2004 (as amended). Other distance-marketing financial advertisements are covered by the FCA Handbook.
(Lending and credit).
Action
The ad must not be broadcast again in its current form.
