Justin Newton t/a Julian Barker 302 Weyhouse Church Street Weybridge KT13 8DE Number of complaints: 1

Date: 15 November 2006 Media: Direct mail Sector: Leisure

Ad
A mailing for a betting tipster stated "WINNER of the Independent Racing Journalists 'Advisor of the Year'  2003 & 2005 ... IF YOU WERE WINNING OVER £10,000 PER WEEK GUARANTEED, WOULD YOU BE HAPPY? ... Do you also want to make over £40,000 per month with a complete no risk 100% satisfaction guarantee? ... Since the start of my Platinum Plus Racing club in August 2003 ... the profits have been sensational! ... it's COMPLETELY RISK-FREE ... You have NOTHING TO LOSE whatsoever. You are completely covered by our 100% Risk-Free Money-Back Guarantee ... 10 REASONS WHY YOU SHOULD JOIN ME NOW! ... 2. There are only 62 places being released at this time, so move fast! 3. The overall winning strike rate of 92%! ... personal introduction to some of the top names in the business! ... ALL RESULTS PROOFED IN ADVANCE TO THE 'RACING PRESS.'"  The mailing also featured six testimonials.  

Issue
The complainant challenged whether:

1. the claim "WINNER of the Independent Racing Journalists 'Advisor of the Year' 2003 & 2005" was misleading and could be substantiated;

2. the profit claims could be substantiated;

3. the mailing was misleading and irresponsible, because it implied that profits were guaranteed;

4. the testimonials were genuine;

5. the claim "personal introduction to some of the top names in the business!" was misleading and could be substantiated, and

6. the claim "ALL RESULTS PROOFED IN ADVANCE TO THE 'RACING PRESS'" could be substantiated.

The ASA challenged whether:

7. the claim "overall winning strike rate of 92%" could be substantiated;

8. whether the offer was available to 62 new members only, and

9. whether the mailing made clear the terms and conditions of the money back guarantee.

The CAP Code:

3.1;6.1;7.1;17.1;54.1;54.2;14.1;14.4;2.2

Response
Julian Barker responded to our enquiries but did not provide any substantiation for the advertised claims.  He told us he had no plans to use the mailing again.

Assessment
Upheld
The ASA acknowledged that Julian Barker had no plans to use the mailing again.  Nevertheless, we were concerned that he had not submitted evidence in support of those claims that were capable of objective substantiation and concluded that they were therefore misleading.  Furthermore, we considered that the implication that profits were guaranteed was irresponsible.

On points 1 to 9, the mailing breached CAP Code clauses 2.2 (Social responsibility), 3.1 (Substantiation), 6.1 (Honesty), 7.1 (Truthfulness), 14.1 and 14.4 (Testimonials), 54.1 and 54.2 (Betting and gaming).  On point 9, the mailing also breached CAP Code clause 17.1 (Guarantees).

Action
We told Julian Barker not to distribute the mailing again and to contact the CAP Copy Advice team for guidance before distributing further marketing material.

Adjudication of the ASA Council (Non-broadcast)