Background
Summary of Council decision:
Two issues were investigated, of which one was Not upheld and one was Upheld..
Ad description
A Bid TV teleshopping spot featuring Guy Kean (the presenter) was broadcast on 23 March 2013, between 08:00 and 09:30 and included various presentations for different products, with on-screen text disclosing the cost of postage and packaging, and a telephone number and the applicable call charges.
Throughout the presentations, the presenter continuously referred to the telephone number consumers had to call if they intended to make a purchase (without referencing the premium rate charges) and stated "p&p" costs applied. He also made references to "plus the postage".
Throughout the presentation the presenter continued to refer to a £10 credit offer given to all consumers. During the broadcast he disclosed that the £10 credit must be spent between 1 April and 1 May and referred viewers to the advertiser’s website for full terms and conditions. Throughout the presentation, a plasma screen was regularly shown next to or behind the presenter (and occasionally filling the entire screen) which stated "£10 credit with every purchase For a limited time only Terms and conditions, please go to our website www.bid.tv/terms ".
Issue
The complainant challenged whether the ad was misleading, because:
1. they believed that the additional cost for postage and the premium rate telephone calls were not made sufficiently clear; and
2. it failed to make it sufficiently clear that the £10 credit had to be spent within a specified period of time.
Response
1. Sit up Ltd t/a Bid TV (Bid TV) stated the on-screen graphics which displayed the postage and packing details and call charges were visible throughout each and every live product presentation during the time period in question and that the text met Ofcom's font size requirements. They believed these additional costs left the consumer with no doubt as to how much these charges would be, prior to making a purchasing decision.
2. They said that throughout the live broadcast there was a red graphic slide for the £10 credit offer displayed on a large plasma screen that was visibly set, either just behind or next to the host (depending on the camera angle) and that it could easily be seen by viewers throughout the presentations. They added that on occasions the slide was shown to fill the entire screen which clearly stated at the bottom "Terms and Conditions, please go to our website www.bid.tv/terms" and that when consumers visited the website clear information stated "Credits will be applied to qualifying accounts by 01/04/13 and will expire at 01/05/13". They believed that the combination of the presenter referring to the limitations of the credit and the graphics which referred customers to the website, drew sufficient attention to the key terms of the promotion.
Assessment
1. Not upheld
The ASA noted on-screen text under the premium rate telephone number stated "£1.53 per call from a BT landline" and that on-screen text under the changing product bid price stated "GB mainland £7.99 p&p per item". Although the presenter made specific references to the lowering costs of the featured item, we noted the delivery costs and the premium rate charge were not referred to by the presenter. However, because the two costs were clearly qualified on screen at all times throughout the presentation, we considered that viewers would be aware of the additional costs of delivery and ordering (through the premium rate number) that applied to the bid. We therefore concluded that the ad was not misleading.
On this point, we investigated the ad under 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.
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
(Qualifications) and
3.18
3.18
Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product or service depicted in the advertisement.
(Prices) but did not find it in breach
2. Upheld
We noted the presenter made repeated references to the £10 credit when referring to the various items for sale in the presentation. We noted that on at least one occasion he stated, "Remember please, with everything you buy you're getting a £10 credit added to your account to spend with us between first of April and first of May, so a whole month" and that throughout the hour presentation a plasma screen was shown (behind or to the side of the presenter and, occasionally filling the entire screen) which stated "£10 credit with every purchase For a limited time only Terms and conditions Please go to our website www.bid.tv/terms". Because the £10 credit offer may have influenced a decision to purchase one of the featured items and because the validity period of £10 credit offer was a significant condition that was likely to affect such a purchase, we considered it should have been clearly and regularly qualified throughout the presentation. Although we noted the plasma screen was clearly presented throughout the presentation, we considered "£10 credit with every purchase For a limited time only" could be understood by viewers to mean that the £10 credit was available with purchase for a limited time but would not understand it to mean that the credit note itself was only valid for a limited time. We considered the ad did not provide consumers with sufficient information about the period within which the £10 credit needed to be spent and therefore concluded that the ad was misleading.
On this point, 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.
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
(Qualifications) and
3.18
3.18
Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product or service depicted in the advertisement.
(Prices).
Action
The ad should not appear again in its current form. We told Bid TV to ensure significant conditions of offers were clearly provided in future ads.
