Ad description
A TV ad for an insurance price comparison site. A robot told a man at a car auction that he could use a "quick quote" service to find out how much he could save on his car insurance. The robot said, "Simply enter your e-mail address and number plate for a cheap car insurance quote in no time." The man followed the instructions on his smart phone and was given a quote very quickly. On-screen text that was visible from when the man entered his details until he received the quote stated "Previous car insurance quote with Confused.com required. Guide price only. Conditions apply".
Issue
Seven complainants challenged whether the ad was misleading, because they felt that the ad did not make clear that they had to already be registered with Confused.com or else register by submitting a number of personal details in order to receive a quick quote.
Response
Inspop.com Ltd t/a Confused.com, considered that the statement "you can receive a quote in no time at all" was not misleading when read in conjunction with the on-screen text. They said that in order to convey the message as clearly as possible, the text appeared on-screen throughout the relevant section of the ad, while BRIAN the Robot explained that a QuickQuote was available by entering an e-mail address and number plate, and remained on screen for at least five seconds. They believed they had used prominent, clear lettering as well as clear wording, which remained visible to the audience throughout the relevant portion of the ad.
Confused.com explained that users who had not previously registered were able to secure a quote online and would then have access to the QuickQuote service. They explained that further details were available on the Confused.com website, as indicated by the ad. They believed the fact that the ad was set at a car auction implied that users of the QuickQuote service were likely to have accessed the service previously to get multiple quotes.
Clearcast felt that the qualifying text shown on screen would make clear that viewers would have had to have registered with the website previously. They provided evidence that if a viewer was already registered with Confused.com, they would receive a quote in around 20 seconds. With regard to the on-screen text, they confirmed that the text size, legibility and duration of hold were in line with Ofcom guidelines.
Assessment
THIS ADJUDICATION WAS AMENDED FOLLOWING INDEPENDENT REVIEW. THE WORDING HAS BEEN CHANGED BUT THE DECISION TO UPHOLD REMAINS.
Upheld
The ASA was satisfied that the statement "Simply enter your e-mail address and number plate for a cheap car insurance quote in no time" was not misleading when read in conjunction with the on-screen text, which advised that a previous quote with Confused.com was required to use the QuickQuote service. We recognised that the on-screen text or 'super' appeared on-screen throughout the part of the ad to which it referred, and that it complied with the guidelines in terms of duration of hold and clarity.
However, we noted that the previous registration requirement was not referred to in the voice-over. We referred to BCAP published guidance on the use of on-screen text and on the criteria supers should meet. That guidance stated that the principal offer and any important qualifications to it should not normally appear in the form of on-screen text only, but that on-screen text could be used to expand or clarify an offer or to make minor qualifications.
We considered that the key feature of the QuickQuote service was speed, but a significant proportion of viewers were unlikely already to be registered. We noted that the requirement for the e-mail address and number plate was referred to throughout the ad via the voice-over and was displayed on a screen on BRIAN the robot's torso, whereas the important qualification that a previous car insurance quote from Confused.com was required. A significant number of visitors, therefore, would need to register and provide more details in order to use the service, which was referred to only in the super.
We concluded that the text of the super contained an important clarification, and did more than just expand and clarify the QuickQuote service. The superimposed text was not sufficient to communicate such an important qualification and the ad was misleading
The ad breached BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
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),
3.10
3.10
Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
and
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).
Action
The ad must not be broadcast again in its current form.
