Background
We understood that, from 1 July 2015, as part of UK Calling changes, all numbers starting 0800 would become free for consumers to call from mobile phones, as they already were from landlines. However, that was not the case at the time of the complaint.
Ad description
A TV ad seen on 1 April 2015, for a solicitor, included text stating, "0800 025 0000 whatsmyclaimworth.com". Smaller on-screen text stated "Standard operator rates apply". Text in the final shot stated, "For any type of claim call us free 0800 025 0000".
Issue
The complainant, who understood that calls made from mobile phones would not be free, challenged whether the claim "call us free" was misleading.
Response
Clearcast said, they felt the qualifying text "standard operator rates apply" provided sufficient warning that operators might apply rates to those calls not from landlines. This information was for viewers who were unaware that 0800 calls were only automatically free from landlines.
Assessment
Upheld
The ASA noted that, although qualifying text did appear under the stated telephone number, it did not appear when the claim "call us free" appeared on screen.
We noted Clearcast's view that the qualifying text would provide sufficient warning for viewers who were unaware that 0800 calls were only automatically free from landlines. However, the text "standard operator rates apply" did not refer to the difference in the cost of calls from landlines and mobile phones, and we considered that the text would not be sufficient to alert such viewers to the fact that calls might not be free from mobile phones.
We considered that viewers would interpret the claim to mean that calls would always be free, unless the ad made clear that that was not the case. Because the ad did not make clear that calls from mobile phones might not be free, we concluded that the ad was misleading and had breached the Code.
The ad breached BCAP Code rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Misleading advertising) and 3.10 3.10 Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify. (Qualification).
Action
The ad must not be broadcast again in its current form. We told What's My Claim Worth Ltd to ensure that they made clear when the cost of a call would not be free.
