Background
Summary of Council decision:
Two issues were investigated, both of which were Not upheld.
Ad description
The website www.theknowledgeacademy.com, for a training course provider, seen on 15 April 2016. The website listed several course dates, locations and prices for “PRINCE2 Foundation & Practitioner” training. Under several of the dates listed, the ad stated “5 PLACES LEFT”.
Issue
The complainant challenged whether:
1. the listed dates and locations of the courses were misleading, because the complainant understood that they could be moved, cancelled or did not exist; and
2. the claim “5 PLACES LEFT” was misleading and could be substantiated.
Response
1. The Knowledge Academy Ltd said the advertised courses were planned to run and were based on customer demand. In some cases, however, training could be altered at the request of a customer – for example, candidates being unable to take a course due to work commitments. They said that in the rare event where, for example, a company needed to make changes to a scheduled course, The Knowledge Academy would work with them to find an alternative to enable them to undertake their training. Furthermore, if an alternative was not suitable, a full refund was offered. The Knowledge Academy provided several booking invoices from their customers and the course venues, which they believed confirmed the dates and locations of their advertised courses. They also provided exam bookings from an independent examination institute which they said also verified that the courses advertised had taken place.
2. The Knowledge Academy said the “places left” indicator in their advertising was created to allow their customers to understand how many spaces were left on a particular course, which meant consumers were informed of important information in a transparent manner, enabling them to make an informed decision as to whether or not to book a course. They said their advertising was updated as and when a course was booked or reserved. They said they had a ‘dynamic’ system which meant that the advertised number of places could change on a frequent basis as bookings were made or cancelled. The Knowledge Academy provided screen shots from their website over several days which they said demonstrated the changing nature of the number of places left per course. They also provided individual customer booking invoices which corresponded with the reducing number of places advertised over several days.
Assessment
1. Not upheld
The ASA considered that consumers were likely to understand that by listing the dates, locations and prices of courses, that courses were due to take place in those specific places on the stated dates and that spaces would still be available for those with places remaining.
We acknowledged the range of invoices provided by The Knowledge Academy which included individual customer bookings, the venue hire confirmations for a sample of their promoted courses and the exam bookings. We considered that those invoices confirmed that courses had been booked to run on the dates and locations as advertised. However, we considered that in some circumstances, due to factors outside the control of The Knowledge Academ, – for example, a company with several trainees who could not attend a course – then alterations to a course location or date could be necessary.
Because consumers would understand that the listed courses were available to be booked at the specific locations on the stated dates, and The Knowledge Academy provided evidence that several of the courses advertised had been booked on the dates and at the locations and prices advertised, and that candidates had been booked to take the relevant exam, we concluded the ad was not misleading.
On that point, we investigated the ad under CAP Code rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation), but did not find it in breach.
2. Not upheld
We considered that consumers were likely to understand the claim “5 PLACES LEFT” to mean that places on the advertised courses were becoming limited and was likely to change as other candidates booked for the course. We noted The Knowledge Academy’s assertion that their booking system updated their advertising according to the number of places left and that could change depending on places booked, reserved or cancelled. We assessed the various screen shots provided, which covered several courses, along with the individual customer booking invoices. We considered that they demonstrated that as a place was booked the number of places left displayed reduced accordingly and the evidence was therefore an accurate indication of the limited places available.
Because consumers would understand the claim “[x] PLACES LEFT” to be a live indication of the places still available on the related courses and The Knowledge Academy had provided evidence showing that was the case we concluded that the ad was not misleading.
On that point, 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 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation), but did not find it in breach.
Action
No further action necessary.
