| Walt Disney Company Ltd t/a Disney Mobile |
| 3 Queen Caroline Street |
| London |
| W6 9PE |
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| Number of complaints: 1 | |
| Date: |
10 October 2007 |
| Media: |
Brochure |
| Sector: |
Retail |
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Ad
Two ads, on the back page of a Disney Store brochure, offered games for mobile phones.
a. One ad showed a cartoon character from the film Cars and stated "Make a Pit stop and text CARS to xxxx to get Cars the mobile game to your phone". Smaller text at the side of the ad stated "Standard operator text charges apply. This is not a subscription service".
b. The second ad showed images of Mickey Mouse and stated "Take five with Disney's 3'n'1 Puzzle pack featuring three great games (Sudoku, Solitaire & Mahjong) for your mobile. Text PUZZLE to xxxx to get Disney's 3'n'1 puzzle pack on your phone". Text at the side of the ad stated "Standard operator text charges apply. This is not a subscription service".
Issue
A customer, who understood that there was both a £5 charge to download the games and a WAP browsing charge, complained that both ads:
1. did not make clear the full costs of the games; and
2. were irresponsible because they appealed to children, who could download the games without adult permission.
The CAP Code:7.1;15.1; 47.3 ;47.3d
Response
1. Disney Mobile (Disney) said the ads were intended to give consumers the option to find out more about the games on offer and how to obtain them. They explained that, after using the short code in the ad, a customer received a text message back with a link to the relevant operator portal which, in turn, contained information on the games, the price and the terms and conditions. They said the customer was not obliged to make a purchase but would be aware of the price and the terms and conditions from the link. Disney said a customer was only charged at the standard operator rates, as stated in the ads, and then given the option to purchase the game through the link. They believed the price for purchase was clearly stated and that the ads were not misleading.
Disney said the brochure was available for approximately six weeks only and they did not intend to use the ads again, but they would aim to make future, similar ads clearer to avoid any potential confusion.
2. Disney said the Store Brochure was aimed at parents buying Christmas gifts for their children, rather than at children directly. They believed this was clear from the wording in the brochure, such as, "Indulge your little princess with her own special carriage this Christmas" and "... costumes and accessories for your little pirate!" They said it was not possible for children to buy the games immediately by sending the text message in the ads, and the cost was then stated clearly in the link.
Assessment
THIS ADJUDICATION REPLACES THAT PUBLISHED ON 30TH MAY 2007. THE COMPLAINT REMAINS UPHELD BUT THE WORDING HAS BEEN CHANGED.
1. Upheld
The ASA noted the ads stated that standard operator charges applied, but we considered that consumers were likely to believe this to be the full cost to download the games to a mobile phone. We considered that it was unclear that the ads were simply an invitation to find out more about the games and that the charge mentioned in the ad was for an initial text message only. We concluded that the ads should have either included the full cost of downloading the games, or explained clearly that the cost referred to in the ads was the cost of gathering information about the games and a further charge would apply to get the games on your phone.
On this point, the ads breached CAP Code clauses 7.1 (Truthfulness) and 15.1 (Prices).
2. Upheld
We noted Disney's assertion that the Disney Store brochure was intended for adults but considered that, because it was available in store and its distribution was therefore not restricted to adults only and because some of its content spoke directly to children, the brochure was, at least in part, addressed to or targeted at children. Given that, and because the games were complex and costly products, we concluded that adult permission should have been obtained before children were committed to purchasing them.
On this point, the ads breached CAP Code clauses 47.3 and 47.3d (Children).
Action
We told Disney to include the full cost of downloading the games or explain clearly that the cost referred to in the ads was the cost of gathering information about the games.
We also told them to ensure that adult permission was obtained before children were committed to purchasing complex and costly products in future similar circumstances.
Adjudication of the ASA Council (Non-broadcast)