Ad description
Four radio ads, for a car dealership.
a. The first ad featured a man rapping "Yo this is MC Trev throwing down some banging tunes! And it goes a little something like this. If you wanna save money you shouldn't go far, for only a pound you could get a new car, come and ask me I'm an absolute star, it's like that and that's the way it is. When you wanna great deal you know what to do, give us a pound and we'll give a car to you ..." Another man stated "Choose one of hundreds of cars at Trade Centre Wales and drive it away today for just one pound. Visit Trade Centre Wales.co.uk ..."
b. The second ad featured a man rapping "Yo this is MC Trev throwing down some banging tunes! ... At the Trade Centre Wales I can be found, with the very best offers for miles around, you can drive away a car for only a pound ... When you wanna great deal you know what to do, give us a quid and we'll give a car to you ..." Another man stated "Choose one of hundreds of cars at Trade Centre Wales and drive it away today for just one pound. Visit Trade Centre Wales.co.uk ..."
c. The third ad featured a man rapping "Yo this is MC Trev throwing down some banging tunes! ... If you want a car here's a bit of advice, paying only a pound is a really low price ... When you wanna great deal you know what to do, give us a quid and we'll give a car to you ... Another man stated "Choose one of hundreds of cars at Trade Centre Wales and drive it away today for just one pound. Visit Trade Centre Wales.co.uk ..."
d. The third ad featured a man rapping "Yo this is MC Trev throwing down some banging tunes! ... Trade Centre Wales is the place to be, buy a car from a pound, just come and see ... When you wanna great deal you know what to do, give us a quid and we'll give a car to you ...” Another man stated "Choose one of hundreds of cars at Trade Centre Wales and drive it away today for just one pound. Visit Trade Centre Wales.co.uk ..."
Issue
The complainant, who did not believe he could buy a car outright for one pound, challenged whether the ads were misleading.
Response
The Trade Centre Wales Ltd said, via their solicitors, that consumers could pay a deposit of one pound to drive a car away, having made arrangements to pay the remaining balance on the same day or shortly afterwards. They said around 50% of their customers paid in that way, with the remainder being able to apply for credit and quickly obtain a response. They said the ads intended to show that customers were able to take possession of or secure a vehicle for one pound. They said the ads conformed to the Consumer Protection from Unfair Trading Regulations 2008 and the Consumer Credit (Advertisements) Regulations 2010. They said that the ads were cleared by the RACC, and a complaint had not been submitted by a Trading Standards authority, and therefore believed they were not misleading as a matter of law. They also referred to their terms and conditions and said no complaint had ever been received about them.
The RACC said customers could pay a deposit of one pound to drive a car away and submitted four order forms, which they believed supported that. They said customers did not have to enter into a credit agreement but did have to settle the remaining balance in full.
Assessment
Upheld
The ASA understood that customers could pay one pound to drive a car away, before paying the remaining balance in full on the same day or shortly afterwards. We noted the order forms indicated that, in June 2011, three customers had paid one pound in cash, owing the remaining balance, and one customer paid in full. We also noted the terms and conditions stated “When ... you select a vehicle to purchase we shall ... accept from you payment of £1 deposit to secure the vehicle ... The vehicle will be released to you and driven away upon completion of arrangements satisfactory to us and to you for payment of the balance of the cash price”. However, we noted the ads did not make clear that the payment of one pound was a deposit only and that consumers could drive away a car by paying one pound only after arrangements for payment of the balance had been made, which, we understood, in many cases was shortly after the payment of one pound. We considered listeners were generally unlikely to expect to be able to purchase a car outright for one pound but considered the ads, in particular the claims, "for only a pound you could get a new car", "give us a pound and we'll give a car to you", "give us a quid and we'll give a car to you", "paying only a pound is a really low price" and "buy a car from a pound", implied that was the case. Because the ads did not make clear a significant qualification, we concluded that they were misleading.
Ads (a), (b), (c) and (d) breached BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
and
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.
(Qualification),
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.
and
3.21
3.21
Advertisements that quote instalment costs must state the total price of the advertised product or service and the instalment frequency as prominently as the cost of individual instalments.
(Prices).
Action
The ads must not be broadcast again in their current form. We told The Trade Centre Wales Ltd to ensure significant qualifications were made clear in future ads.
