Ad description

Three radio ads for British Gas, heard in February 2020:

a. The first ad stated “British Gas HomeCare, from £14 a month, that’s just 46p a day, including parts and labour”.

b. The second ad stated “British Gas HomeCare, from £14 a month, that’s just 46p a day”.

c. The third ad featured the same claim as ad (a).

Issue

The complainant, who understood that British Gas charged a £60 excess for home visits associated with the HomeCare service, challenged whether the claim "British Gas HomeCare from £14 a month, that's just 46p a day" in ads (a), (b) and (c) was misleading.

Response

British Gas Services Ltd t/a British Gas, said that the HomeCare range was insurance products and that it was normal for insurance, including car, home and travel cover, to include an excess. As this was a normal part of insurance, with which customers were familiar, radio ads for insurance did not normally state that there was an excess.

With regards to rule 3.2 of the BCAP Code, which stated that ads must not mislead by omitting material information, the ads were short and research carried out by Radiocentre, the clearance body for radio ads, showed that terms and conditions on radio ads needed to be short and simple in order to be remembered and understood by listeners. The ads stated that conditions applied and signposted how listeners could find out more information by searching online for British Gas HomeCare.

The British Gas website made it clear upfront that an excess applied and stated the value of the excess. They said that it was more useful for the customer to be given this information at the start of the quote process rather than in the terms and conditions of the radio ad. Listeners were unlikely to recall details of the excess after hearing the radio ads, particularly if they were doing something else while listening. It was appropriate to provide the information clearly at the point at which they were deciding if they wanted to take out the cover. In relation to pricing and qualifications, they had provided substantiation to Radiocentre confirming that a majority of HomeCare One customers would pay the price stated in the ad at the time of airing. Therefore they considered the price quoted was fair and accurate and did not require qualification. Radiocentre said that they endorsed the advertiser’s response.

Assessment

Not upheld

The ads for the British Gas HomeCare range featured the price of the lowest-priced insurance cover starting from £14 a month, which worked out at 46p a day. The ASA considered that listeners would understand that an excess fee would usually apply when making a claim under an insurance policy and that listeners would understand that the reference to the price being “from £14” meant that the price may vary depending on the level of cover selected.

We acknowledged that there was an excess fee of £60 which was applicable to the advertised cover price, which was not mentioned in the ads. The ad stated that the price was “from £14” and that conditions applied as well as signposting listeners to their website where the excess amount was stated. The website also featured cover options where an excess was not payable.

In light of the above, we concluded that the ads were not misleading. We investigated ads (a), (b) and (c) under BCAP Code rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.    3.2 3.2 Advertisements must not mislead consumers 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 consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
   3.3 3.3 For advertisements that quote prices for an advertised product or service, material information [for the purposes of rule  3.2 3.2 Advertisements must not mislead consumers 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 consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
  includes:
 (Misleading advertising),  3.10 3.10 Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.  (Qualification) and  3.18 3.18 Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product or service depicted in the advertisement.  (Prices), but did not find them in breach.

Action

No further action necessary.

BCAP Code

3.1     3.10     3.18     3.2     3.3     3.3.3    


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