Ad description
An ad for All Electrical Recycling in a local ad booklet was headed "FREE collection of all your old electrical appliances" and text stated "GET CASH" and underneath "BY RECYCLING YOUR OLD ELECTRICALS". Further text stated "Recycling electricals for businesses and households ... Fridges, TVs ... Computers and IT Equipment ... Washing Machines, Cookers ... Phones, Small Appliances ... Anything with a Plug or Battery!".
Issue
The complainant challenged whether the claim "GET CASH BY RECYCLING YOUR OLD ELECTRICALS" was misleading.
Response
All Electrical Recycling Ltd t/a AER (AER) said that after they started referring to getting paid for recycling in their ads they realised that this was causing confusion to some customers and they made efforts to address this. Some customers had understood the reference to cash to mean that drivers would pay cash when collecting items, and customer service staff and drivers were not clearly explaining to customers what exactly the service was and under what circumstances they would receive payment. They therefore amended the claim to "get paid" rather than "get cash" and worked with their staff to ensure that customers were given full information on the service before scheduling a collection.
They said they offered a free collection service as an alternative to paying for services from the local Council. Customers could only receive a service by visiting their site or calling to book a collection. They said that if customers dropped their items off at their site they would always be paid in cash for all material, as indicated in the ad. If customers phoned to arrange a collection they would be advised that drivers did not carry cash and that only certain materials collected would be paid for. However, the majority of customers using their services did receive payment, as only smaller items were not paid for. This would be agreed during the collection with the driver and a cheque would be posted to the customer. Before receiving a service from AER, customers would have to speak to them by phone or in person and so they would be aware of all the conditions before committing to using the service.
Assessment
Upheld
The complainant had understood from the ad that AER would collect their unwanted electrical items for free and they would receive cash for these. When their items were collected they were told payment was not available for items being collected. The ad focused on the free collection service offered by AER and did not refer to taking items to AER's site. The ASA considered consumers would therefore understand that payment would be available for items being collected. We noted AER had taken steps to ensure customer service staff and drivers were clearer about the service offered in future, but considered that as the ad referred to getting cash for old electricals it should have made clear that payment was only available on some items when they were collected for free. We therefore concluded that the ad 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) and
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).
Action
The ad must not appear again in its current form. We told AER to ensure their ads did not mislead regarding the service they offered.
