Ad description
Claims on AutoCheck's website homepage stated "Stop! Always check a used vehicle's hidden history before you buy ... Why use AutoCheck? ... 160,000 vehicles were reported as stolen in 2009". Claims on the "How does it work?" page stated "Vehicle history AutoCheck can tell you a lot about a vehicle's history with 20 different checks including: Registration changes ... Import/export details ...". Text underneath the heading "What's not covered?" stated "AutoCheck checks data from more than 20 different sources, such as police, insurance companies, the DVLA and our own records. But there are some things AutoCheck can't alert you to".
Issue
A customer challenged whether the claims that AutoCheck checked the history of a vehicle were misleading, because he understood that the stolen history of a vehicle was not included in the check.
Response
Experian believed the website clearly explained those checks that were conducted as part of the AutoCheck service, which covered the vehicle's current status as well as the history of the vehicle, but they said the website did not claim that the full history of a vehicle was checked.
Experian believed it was clear from the website that they only checked whether a vehicle was currently stolen and why that check was of particular importance. They believed that to report on a vehicle's previous stolen history, as opposed to current status, was likely to confuse consumers because vehicles were often reported as stolen when they had simply been misplaced or borrowed and, because it was not possible to differentiate between those scenarios and a genuine previous theft, it would be unfair to report a previous theft when the vehicle may not have actually been stolen. They argued that the claim "always check a vehicle's hidden history before you buy" was simply advice and the website did not link the claims 'vehicle history' and 'stolen history'. Experian said consumers could also view a sample report on the website, which stated "Recorded as currently stolen", which they believed made clear that it was only current status that was checked.
Assessment
Upheld
The ASA understood that the AutoCheck service carried out a number of checks including whether the vehicle was an insurance write off, mileage anomalies, registration changes, any outstanding finance owed and current stolen status and that the website explained why those checks were important when considering buying a vehicle. However, we also understood that a vehicle's stolen history would affect its value and therefore was an important consideration when making a purchase.
We noted vehicle stolen history was not mentioned on the "What's not covered?" page of the website and considered that, because it was not included, consumers would therefore expect it to be one of the checks carried out, especially as it was an important factor in assessing the value of a vehicle.
We also noted stolen history was not included on the "Checking the vehicle's history" page either, but text stating "AutoCheck can tell you a lot about a vehicle's history. As well as whether it's stolen, a write off or has outstanding finance" linked to the "Checking the vehicle's current status" page. Text on that page stated "Stolen cars The Police National Computer (PNC) is updated whenever a vehicle is reported stolen ... AutoCheck searches for PNC details of the car you're interested in. If it's there, we'll alert you ...". Although we acknowledged that that text appeared on the current status page, we nonetheless considered that, because the page linked from the vehicle history page, it implied AutoCheck checked PNC details for both current status and previous stolen history.
We therefore concluded that, because the claims did not make clear that a vehicle's stolen history was not one of the checks undertaken, the claims were misleading by omission.
The claims breached CAP Code (Edition 12) rules
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 claims must be amended to make clear that a vehicle's stolen history is not included in the AutoCheck service.
