Dell Computer Corporation Ltd Millbanke House Western Road Bracknell Berkshire RG12 1RW Number of complaints: 25

Date: 02 August 2006 Media: Television Sector: Computers and telecommunications Agency: DDB London

Ad
A TV ad, for Dell Computers, said "Whatever you need a PC for, Dell has the one you want for less than you might expect. Right now get this Dell Inspiron notebook featuring an Intel Celeron processor for only £299."  On-screen text gave a website address and a phone number.




Issue
1. 23 complainants said the laptop was not available on the website for £299; they said it was listed but it was offered for £349.

2. Two complainants said the laptop was offered for £299 on the website but the price rose when they selected it.

Response
1. The Broadcast Advertising Clearance Centre (BACC) said they had been assured by the advertising agency that the laptop was available for £299.

Dell said the Inspiron 1300 was available through telephone sales only for a short time.  It was then available by phone and on their website.  

2.  Dell said when they selected a computer on the website customers were shown a price that included a number of pre-selected options. Prominently displayed text informed customers that the price included an "upgraded service package" and that they could reach the advertised price by downgrading certain elements of the package.  They said it was accepted industry practice to automatically upgrade service options.

Assessment

1. Complaints upheld
The ASA considered that because the ad featured both a phone number and a website address viewers would expect the laptop to be available to purchase at the advertised price by both means when the ad was first broadcast.  It initially was not available on the website at the advertised price and we considered that the ad was therefore misleading.

On this point the ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.2.1 (Evidence), 5.2.3 (Qualifications) and 5.3.1 (Accurate pricing).

2. Complaints not upheld
We considered that the text on the website which said "For your added protection the above price includes an upgraded service package. To reach the advertised price please select a downgraded service from the Support Services section below." was an adequate indication to users that the package they had selected had been upgraded and that they could deselect this upgrade to reach the advertised price.  

On this point the ad was investigated under CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.2.1 (Evidence), 5.2.3 (Qualifications) and 5.3.1 (Accurate pricing) but was not found in breach.

Action
The ad must not be broadcast again in its current form.

Adjudication of the ASA Council (Broadcast)