Ad description
An ad for Horse & Rider Insurance Direct, seen in Horse and Rider magazine on 13 April 2017 said the business had been established for "Over (sic) 40 years".
Issue
The complainant, who said they contacted the advertiser to establish if they had been established over 40 years but did not receive a response, challenged whether the ad was misleading.
Response
Regent Facilities Ltd t/a Horse and Rider Insurance Direct said they had been trading in the
insurance industry since 1975 but the complainant might have had difficulty establishing their history without a more in-depth investigation of their Limited Company Status. Regent Facilities Limited had only been trading since 2012 but prior to this traded under the partnership Insurance Services, which was established in 1975.
The advertiser provided several pieces of supporting evidence including an agency appointment form, an agency application form with an incorporation date, a policy of insurance with an underwriter, an historical advertising leaflet, a professional indemnity policy and a letter of confirmation from Lloyds which set out the relevant dates and that “Horse and Rider Insurance” had been one of their trading names.
Horse and Ride Insurance Direct said they had further evidence of their trading history available in their archives. They said they had been registered with the Financial Conduct Authority as Regent Facilities Limited since the incorporation of the limited company in 2012 and the Insurance Services Partnership was registered with the Financial Services Authority
since 2005 with the Horse and Rider Insurance Service trading style listed under both names. They also provided
their permission to contact HMRC to seek their verification that Regent Facilities Limited and Insurance Services had submitted tax returns since 1975.
The advertiser said they did not have a record of receiving any correspondence that related to a challenge about their trading history that was not responded to.
Assessment
Not upheld
The ASA considered consumers would expect a company which said it had been trading for more 40 years to have verifiable evidence of that fact. If the advertiser could demonstrate a period of continuing trade, it would be acceptable for a business to have referred to that heritage even if its trading name had changed or the business had moved premises during that period.
We considered that Horse and Rider Insurance Direct had supplied reasonable evidence to
substantiate the claim it had been trading for more than 40 years and therefore was unlikely
to mislead.
We investigated the ad under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and
3.7 (Substantiation), but did not find it in breach.
Action
No further action necessary.