Background
On 7 April 2025, the Advertising Codes were updated to reflect the revocation and restatement of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs – the legislation from which the majority of the CAP and BCAP rules on misleading advertising derived) by the Unfair Commercial Practices provisions in the Digital Markets, Competition and Consumers Act 2024 (DMCCA). On that date, the wording of a number of the rules in the Advertising Codes was changed to reflect relevant changes introduced by the DMCCA on 6 April 2025.
Given that the complaint that formed the subject of this ruling was received before 7 April 2025, the ASA considered the ad and complaint under the wording of the rules that existed prior to 7 April 2025, and the Ruling (and references to rules within it) should therefore be read in line with this wording, available here – CAP Code and BCAP Code.
Ad description
A paid-for Reddit ad for GTOHero.com, a poker Real Time Assistance (RTA) app, seen on 14 January 2025. Text stated, “AI is changing poker forever [robot emoji] Don’t get left behind. Stay ahead of the game with GTO Hero’s Real Time Assistance (RTA) [bar graph emoji] Master GTO strategy, Plug leaks, and Outplay opponents using the same technology Pros rely on . [sic] Adapt or Get Crushed!”.
A video demonstrated the product in use during an online poker game with other players staking dollars, as a voiceover stated, “This app gives you real time poker solutions. It tracks your game and then tells you what to do so that you can play GTO, making money from poker has never been so easy. You don't even need to download anything, and it's free to access every time it's your turn to act. The GTO solution is immediately shown so that you know what to do. And it's so easy to use. Just go to gtohero.com, share your screen and get real time GTO advice. Find out more at GTO hero com.”
The ad linked to a website, GTOHero.com, that stated, “Please note it is against our terms of service to use GTO Hero during live play or in a way that breaks your contract or terms of service with a poker site”.
Issue
The complainant, who understood that use of the product was prohibited on poker sites, challenged whether the ad was misleading.
Response
GTOHero Ltd t/a GTO Hero said their product was a service that could track a video feed of an online poker game and display the relevant GTO (Game Theory Optimal) solution. GTO solutions were a form of data that provided a strategy for how to play poker and allowed users to playback video or screen share to compare their play to the GTO in order to study the strategy.
They said that looking at GTO solutions during live play did not constitute cheating because it was not deceptive, did not give an unfair advantage or interfere with the game’s integrity. While some poker sites had chosen to ban GTO as a matter of policy, that was a site-specific restriction rather than an inherent violation of the rules of poker. Therefore, it was possible to use GTO “live” in a way that was acceptable. For example, the user may have played on a poker site that allowed players to look up strategies and use their product, the user may not have been playing for real money or the user may have been playing in a simulated game against a computer.
GTO Hero said their website homepage, which was the landing page for the ad, had a warning that stated not to use their service during live play or in a way that was not allowed by a specific poker site. They said in addition to that most of the ad showed their product being used on an uploaded video and was not live. Finally, nowhere in the ad did it say it could be used during live play without consequence if it was forbidden by a specific poker site.
Assessment
Upheld
The CAP Code stated that marketing communications must not materially mislead or be likely to do so. In addition, marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
We understood that GTO Hero was a poker app that allowed users to use RTA to automatically receive GTO solutions during live play. We also understood that the software showed where, from a video recording of a past game, a player had made a less optimal move and could therefore be used as a learning tool.
We acknowledged GTO Hero’s comments that the ad showed their product being used on an uploaded video that was not live and we noted that it was possible to use it in a live setting in a way that was legitimate. For instance, in circumstances where users were not playing for money, where they were playing a computer opponent or on some poker sites that allowed the product.
However, we firstly considered it was not clear the ad was an uploaded video. In addition, both the text in the body of the ad and the voiceover in the video stated “Real Time Assistance” or “real time poker solutions”. The video also appeared to show the app being used during a live game with other players staking real dollars around a table, while the voiceover stated, “[The software] gives you real time poker solutions. Tracks your games and tells you what to do, so that you can play GTO. Making money from poker has never been so easy.” We considered consumers were likely to understand the ad to mean that the app was for general use during real-life live events, on a range of platforms, where real funds were being staked. However, in contrast, we understood some poker sites had chosen to ban the use of GTO during live play, potentially resulting in users being banned from platforms and having funds confiscated.
We acknowledged that the landing page for the ad had a warning not to use the service during live play or in a way that was not allowed by a poker site. However, we considered that warning, which was in small text and not displayed prominently, in any case misleadingly contradicted the impression of the ad.
Because the ad presented the product as being used generally during live poker games to make money, whereas using the app on at least some poker sites during live play was not allowed, we concluded it was misleading.
The ad breached CAP Code (Edition 12) rules 3.1 and 3.9 (Misleading advertising).
Action
The ad must not appear again in the form complained of. We told GTOHero Ltd t/a GTO Hero to ensure that future ads did not misleadingly suggest the product could legitimately be used during live play on sites that prohibited the use of GTO solutions during live play.
