Ad description
A web page for the phone unlocking service Direct Unlocks, directunlocks.co.uk, was seen on 8 March 2018. The page included a list of mobile phone operators and the cost of unlocking a phone from each mobile network operator. The price quoted for each operator was “From £12.99”. Another page that followed showed the total cost of unlocking the phone from that operator.
Issue
Two complainants challenged whether the claim "From £12.99" was misleading and could be substantiated.
Response
Direct Unlocks emphasised that the word “from” preceded the £12.99 price claim. They said that the subsequent page on the customer journey showed whether there were any additional fees. They said that once a consumer selected a mobile network operator, they were asked for an IMEI number (an identification number for mobile devices). They said the price was dependent on the IMEI number and other scenarios, such as whether the device was tied to a mobile network operator contract.
Assessment
Upheld
The ASA considered consumers would understand the claim “From £12.99” to mean a significant proportion of customers would receive the full unlocking service for £12.99, with no additional fees.
We understood that certain types of devices may be subject to additional fees beyond the “£12.99” price claim in the ad dependent on, for example, if they were tied to a mobile network contract. Nonetheless, Direct Unlocks had not provided evidence that indicated whether a significant proportion of consumers would get their phone unlocked for £12.99, with no additional fees.
Therefore, because we had not seen evidence that a significant proportion of customers would get their phone unlocked for the price stated we concluded that the price claim “From £12.99” had not been substantiated and was therefore 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 (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), 3.17 3.17 Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product featured in the marketing communication. (Prices), and 3.22 3.22 Price claims such as "up to" and "from" must not exaggerate the availability or amount of benefits likely to be obtained by the consumer. (Prices).
Action
The ad must not appear again in the form complained about. We told Direct Unlocks not to use a “from” claim unless they held evidence that a significant proportion of customers would receive the full service at the advertised price.
