Ad description
A teleshopping presentation on bid tv for an "ULTIMATE CLEARANCE AVALANCHE" promotion featured the presenter opening various boxes to reveal the products for sale. He stated that all products would be priced under £30 and that each product must sell for less than the last one. The first product featured was described in on-screen text as "Dazzling Diamonds (1/10ct) DeBeers Floating Diamond Solid 9ct White Gold Earrings ... Now at £29.99". The presenter stated "Please do not try to call, until you see the details on the screen because I would now like to tell you these are DeBeer diamonds" and "Please do not call until you see the details on your screen. Are you ready?" The phone number was then displayed on screen with text stating "£1.53 per call from a BT landline". The presenter then stated, "Go, go now quickly and make it really, really quick, I - honestly - och! How many buyers were on the phone lines then? Over a hun- hundreds? Hundreds of buyers were on the phone lines the second that detail appeared."
The second product featured was described on screen as "2.00ct Sapphire and African Opal Hallmark 925 Sterling Silver Ring ... Now at £29.98". The presenter stated "Please do not call until you see the details on your screen, please. Two carats of sapphires here. Wow. Ready? You gotta be quick, you gotta be fast" and "Go, go now look at the price!" The phone number was then displayed on screen with text stating "£1.53 per call from a BT landline". The presenter then stated, "Gone. How many were on the phonelines that time? 200 plus? There were over 200 buyers, now look, I think you're starting to realise you've got to be quick. Please do not call until you see the details for the item."
Issue
The complainant, who noted that the phones lines only appeared to be open for a very short period before the products were sold out and that all callers had to pay £1.53 per call, challenged whether the ad was misleading.
Response
sit-up Ltd t/a bid tv (bid tv) said that in respect of the diamond earrings there was one unit available for sale and that 35 sales calls were received. In respect of the sapphire and opal ring there were three units available for sale and 22 sales calls were received. They said that because the number of units available for sale were so small they were sold out very quickly. They said that although the presenter told viewers not to call until the phone number appeared on screen, he did not state that the phone lines were locked and many viewers would already be aware of the phone number to call, meaning they could call before the phone number was displayed. They said the call charges were clearly displayed on screen. Bid tv confirmed they did receive some revenue from the phone calls they received.
Assessment
Upheld
The CAP Code stated that ads must state significant limitations and qualifications, must state any grounds they have for believing they might not be able to supply the product in reasonable quantities if quoting prices and that, if estimated demand exceeded supply, they must make clear that stocks were limited. Bid tv did not say whether or not they had estimated the demand for the two products, but the ASA considered that the small number of units available meant that the ad should have made the number of units available clear so that consumers could take this into account when deciding whether to call, particularly because they would have to call a premium rate phone line. We concluded the ad was misleading.
The ad 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) and
3.29
3.29
Advertisements that quote prices for featured products must state any reasonable grounds the advertisers have for believing that they might not be able to supply the advertised (or an equivalent) product at the advertised price, within a reasonable period and in reasonable quantities. In particular:
and
3.29.1
3.29.1
if estimated demand exceeds supply, advertisements must make clear that stock is limited
(Availability).
Action
The ad must not appear again in its current form. We told bid tv to ensure that presentations made clear if stocks were very limited.
