Ad description
A website for a cloud storage service, www.mypcbackup.com, stated, "Devices per user: 1 to ∞".
Issue
The complainant challenged whether the claim on the website was misleading because he understood that to install the software on multiple devices one had to purchase the premium product.
Response
MyPCBackup did not respond to the ASA's enquiries.
Assessment
The ASA was concerned by MyPCBackup's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
Upheld
We considered that consumers would understand from the claim "Devices per user: 1 to ∞" that the software could be installed on an unlimited number of devices at no extra cost. We understood from the complainant's experience that in order to install the device on multiple products one had to purchase the premium product. Because this information contradicted the claim, we concluded that the claim was misleading.
The ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
3.3
3.3
Marketing communications must not mislead the consumer 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 the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising),
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification) and
3.17
3.17
Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product featured in the marketing communication.
(Prices).
Action
The claim must not appear again in its current form. We referred the matter to CAP's Compliance team.
