Background

Summary of Council decision:

Two issues were investigated, both of which were Upheld.

Ad description

The website www.logodesignguarantee.co.uk, a design service, stated "Logo Design Guarantee … the Best Money Back Guarantee … 100% Satisfaction … If you are dissatisfied you will receive a full refund. No questions asked … 98% Customer Satisfaction".

Issue

The complainant, who requested but did not receive a refund, challenged whether the following claims were misleading and could be substantiated:

1. "Best Money Back Guarantee … 100% Satisfaction … If you are dissatisfied you will receive a full refund; and

2. "98% Customer Satisfaction".

Response

Logo Design Guarantee did not respond to the ASA's enquiries.

Assessment

The ASA was concerned by Logo Design Guarantee's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonably delay). We reminded them of their responsibility to respond promptly to our enquiries and we told them to do so in future.

1. & 2. Upheld

We understood that the complainant had requested a refund and that Logo Design Guarantee had failed to honour their money-back guarantee. In addition, Logo Design Guarantee had not provided any evidence to substantiate the claim "98% Customer Satisfaction".

In the absence of any response and evidence from Logo Design Guarantee, we concluded that the claims breached the Code.

The ad breached CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising),  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  3.55 3.55 Marketers must promptly refund consumers who make valid claims under an advertised money-back guarantee.  (Guarantees and after-sales service).

Action

The ad must not appear again in its current form. We told Logo Design Guarantee not to offer a money-back guarantee or to refer to a level of customer satisfaction unless they could provide evidence to support the claims. We referred the matter to CAP's Compliance team.

CAP Code (Edition 12)

3.1     3.55     3.7    


More on