Ad description
A direct mailing for SSE Home Services plc received on 5 December 2016 which was designed to look like a notification that they had visited the property but had been unable to gain access. Text stated, “Good news, you’ll never miss us again”. Additional text on the card stated “Time: 8:07 Date: Today”. Further text next to a ticked box at the bottom of the front of the card said "Because: Upgrade free to a smart meter and your meter readings will be automatic".
Issue
Three complainants challenged whether the ad was obviously identifiable as a marketing communication.
Response
SSE Home Service Ltd t/a SSE said that the driver for the Smart Meter communication was the Ofgem obligation for all electricity and gas suppliers to take all reasonable steps to ensure that a Smart Metering System was installed in all domestic properties on or before 31 December 2020. As part of that obligation, SSE said they generated a series of communications to try to capture customer interest and encourage a response.
They confirmed that the consumer would have received previous communications from them outlining the nature of the Smart Meter offer, and if they had not received a response from the consumer, they would progress to sending the communication which was the subject of the complaint.
SSE said that they did not dispute that the recipient may be required to briefly scan the content in order to identify the piece as marketing, but they believed the leaflet’s claims were prominently displayed, light-hearted and jovial, which rendered the piece obviously identifiable as marketing.
SSE provided a copy of their standard “No Access” card for comparison with the Smart Meter mailing. They believed that the differences in content and design between the two communications meant they could be easily distinguished to avoid possible confusion for consumers.
Assessment
Not upheld
The ASA considered that there had been general information on smart meter upgrades in the public domain and that many consumers would have some awareness of the nationwide rollout of smart meters. We noted that the mailing was likely not the first communication consumers had received on smart meters, albeit, we accepted not in the same format.
We acknowledged that the mailing was on official letter head and in some respects resembled a notification that SSE had visited the property but had been unable to gain access. We noted that the addition of text stating a time and date for the apparent missed visit could add to the impression that someone from SSE had indeed visited the property. However, we considered those who had previously received a missed notification communication might appreciate that there were distinct differences between that and the smart meter mailing (most notably that the mailing did not include a request for a meter reading to be provided). We also considered consumers would understand from the prominent headline claim “Good news, you’ll never miss us again” and the claim, “Because: Upgrade free to a smart meter and your meter readings will be automatic”, which appeared prominently underneath the address, that the mailing was a promotional ad for a smart meter and not a missed visit notification.
We further considered that many consumers would see the reverse of the mailing first, which was headed “Wave goodbye to quarterly checks with a FREE upgrade to a smart meter”. Text beneath that, which referred exclusively to the benefits of a smart meter, also made it clear that the leaflet was a promotional mailing for smart meters.
For those reasons, we concluded that the mailing was clearly identifiable as a marketing communication and had not breached the Code.
We investigated the ad under CAP Code (Edition 12) rule 2.1 2.1 Marketing communications must be obviously identifiable as such. (Recognition of marketing communications), but did not find it to be in breach.
Action
No further action necessary
