Ad description
Ads promoted customer helpline numbers.
a. A Bing-sponsored search result stated "Call EasyJet Direct - 0843 XXXX XXX. contacttelephonenumbers.co.uk for EasyJet Customer Services for bookings & flights".
b. Claims on www.contacttelephonumbers.co.uk stated "easyJet … Easyjet Customer Service Phone Number 0843XXXXXXX Checked and verified 21/10/2004". Text below stated "Please note contacttelephonenumbers.co.uk is a communication directory. All copyright of trademarks and logos remain sole property of the original publisher. All information that compiled and publish [sic] is freely available in the public domain".
Issue
easyJet challenged whether ads (a) and (b) were misleading because they implied the advertiser was associated with easyJet.
Response
CTN Solutions Ltd said they were an established directory service and provided examples of other directory websites in the sector. They pointed out that they did not use premium rate numbers, but chargeable business 08 numbers. They said that the charges were clearly stated on the home page. They said, although they are not required to state call charges from non-geographic numbers, they would include the text "Calls cost 5p per minute from a standard BT UK landline. Calls from other & mobile networks may cost considerable more" under each telephone number. They maintained the number would connect the caller directly with the easyJet customer services department. They said each directory stated "Please note that contacttelephonenumbers.co.uk is a communication directory. All copyright of trademarks and logos remain the sole property of the original publisher. All information that compiled and publish [sic] is freely available in the public domain". They said the directory service was not free and was run by the use of the chargeable 08 business-rated numbers. They said the service was more competitively priced than using a 111-type service or other companies that use premium-rated phone numbers.
Assessment
Upheld
The ASA considered consumers would interpret the claim "Call Easyjet Direct" and "EasyJet Customer Services for bookings & flights" in ad (a) and, "Easyjet Customer Service Phone Number" in ad (b), together with "easyJet" in orange text, which was similar to the easyJet logo, to mean that the ads were associated with easyJet. While the website stated "Please note contactttelephonenumbers.co.uk is a communication directory. All copyright of trademarks and logos remain sole property of the original publisher. All information that compiled and publish [sic] is freely available in the public domain", we considered that that claim contradicted rather than clarified the overall impression of the ad. Because the ads implied the advertiser was associated with easyJet, which we understood was not the case, we concluded they were misleading.
On that point, the ads breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (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 ads must not appear in their current form. We told CTN Solutions Ltd to ensure that their ads did not misleadingly imply they were associated with easyJet.
