Ad description
a. An e-mail promoting an electronic upgrade for a car magazine subscription was headlined "Only 2 issues remaining - upgrade today for FREE!" and "UPGRADE NOW". Further text stated "Dear [name of recipient] We hope you are enjoying your free trial to Auto Express iPad edition. You now only have 2 FREE issues remaining. Why not upgrade your print subscription today and get continued free digital access for the remainder of your subscription contract?". The ad included three hyperlinked buttons titled "Click here to upgrade free now", "Upgrade free now" and "Click here for your FREE upgrade". The ad included further information on how to upgrade which included an offer Code.
b. An e-mail promoting an electrical upgrade for a car magazine subscription, was headlined "Add Auto Express iPad to your subscription FOR FREE" and "UPGRADE FOR FREE". Further text stated "Dear [name of recipient] We hope you have enjoyed your free trial to Auto Express iPad edition. As a loyal subscriber to Auto Express print magazine, you are entitled to a free extension on your access to the Auto Express iPad edition for the remainder of your current subscription contract". Further text stated "With Auto Express iPad edition you'll still get all the key news, reviews and editorial pieces from the weekly magazine, but with all the added benefits of the iPad edition. And if you choose to continue at your next renewal, you'll pay just 23p more per issue to continue receiving the iPad edition. Upgrade now. To find out more about this special offer and to upgrade your current subscription FREE today, click here".
Issue
The complainant challenged whether the ad misleadingly implied that a full subscription upgrade to the iPad edition could be obtained for free when they understood that it carried a charge.
Response
Dennis Publishing Ltd t/a Auto Express believed the complaint was unfounded and the ad made clear that a free upgrade was on a limited trial basis and further payment would be required to continue the upgraded subscription. It was possible to take a free trial without payment because the Direct Debit payment was only taken if subscribers continued beyond the trial. They said ad (a) stated "... you are entitled to a free extension on your access to the Auto Express iPad edition for the remainder of your current subscription contract" and believed this made clear that that trial was limited in its nature. They also said ad (b) stated "… you are entitled to a free extension on your access to the Auto Express iPad edition for the remainder of your current subscription contract. And if you choose to continue at your next renewal [i.e. after the end of your current contract] you'll pay just 23p more per issue to continue receiving the iPad edition". They believed that this was a clear statement that the free upgrade was limited and that payment was required at a later date to continue the subscription.
They explained that all of the hyperlinks within the e-mails connected to a page that contained the text "Your subscription upgrade explained" and "The amount of free issues you will receive is dependent on the number of issues left on your existing contract and is limited to a maximum number of 13 free issues. After your free trial, you will pay an additional 23p per issue to Auto Express iPad edition until your next payment is due". If a consumer did opt to re-new their existing subscription they were required to indicate that they wanted to upgrade to the additional iPad edition and also agree to pay £22.99 every 13 issues by direct debit.
Assessment
Not upheld.
The ASA noted ad (a) made no reference to renewing an existing subscription and referred only to a free upgrade offer for the remainder (in this case two issues) of an existing (paper based) subscription. We considered that the ad made explicitly clear that the "free" upgrade being referred to only applied to the remaining editions of an existing subscription which was reaching its end and did not state or imply that if the customer decided to renew their subscription it would automatically be upgraded to the iPad edition for free.
With regard to ad (b) text referred to the free upgrade for the remainder of the existing subscription and also made reference to the charges that would apply if those existing customers chose to re-new their subscription to also include the iPad version.
We considered that both ads made clear that the "free" offer only related to the upgrade on the existing subscription and that ad (b), which was the only ad that made reference to subscription renewal, made clear that a cost would be incurred if the user chose to upgrade to include the iPad version. We therefore concluded that the ads were not misleading.
We investigated ads (a) and (b) 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) and 3.23 3.23 Marketing communications must make clear the extent of the commitment the consumer must make to take advantage of a "free" offer. (Free) but did not find them in breach.
Action
No further action required.
