Background

Summary of Council decision:

Two issues were investigated, both of which were Upheld.

Ad description

A brochure, available online and in print, promoted an installer of imprinted driveways, paths and patios. Under the heading "THE TOWN & COUNTRY APPROACH" text stated "As the largest UK installer for imprinted driveways, paths and patios, our approach is based on two simple principles; our determination to provide the finest quality products and our dedication to excellent customer service ... we pride ourselves on offering a professional service and control every project using our own team of installers, ensuring an exceptional result every time. In our pursuit of excellence we continuously monitor and audit procedures to guarantee you the highest quality service standards ... Town and Country continues to provide customers with a product that not only looks stunning, but will continue to do so for a very long time. And, our Insurance Backed Guarantee means complete peace of mind for every customer". The page headed "PRIVATE DRIVEWAY, PUBLIC VIEW" stated "... we use the latest materials, backed by modern technology, to give an excellent appearance together with the practical advantage of low maintenance to help keep your drive looking its best at all times". The page headed "BEAUTY THAT LASTS AND LASTS" stated "... it is long lasting and durable, so will not incur the expense of having to be replaced in a few years. The beautiful effect will remain as stunning as the day it was installed. The wide range of colours available are all fade-free and will not be affected by sunlight or extreme temperatures". Finally, text on the page headed "THE TOWN & COUNTRY PORTFOLIO" stated "... will be an asset for many, many years to come".

Issue

The complainant, who had purchased an imprinted driveway from the advertiser and found that it had faded and deteriorated within two months of installation, and who had been unable to obtain any assistance or remedial work from the advertiser, challenged whether the ad misleadingly exaggerated:

1. the quality and durability of the product; and

2. the level of customer service and professionalism offered by the company, including the promoted guarantees.

Response

1. & 2. Town & Country Driveways Ltd acknowledged receipt of the complaint, but did not provide a response.

Assessment

1. Upheld

The ASA noted the account provided by the complainant regarding how quickly the product had deteriorated. We appreciated that the complainant's experience was not necessarily representative of the general quality and durability of the product. However, we noted that Town & Country Driveways had not provided any evidence to support their claims that the product was long lasting, would not be affected by sunlight or extreme temperatures, and would maintain its initial high-quality finish. In the absence of such evidence, we concluded that the claims were misleading.

On that point, the ad breached CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (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) and  3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.  (Exaggeration).

2. Upheld

We understood from the complainant that once problems had arisen with their imprinted driveway, they had contacted Town & Country Driveways who had reportedly offered no assistance or remedial work. We noted that the brochure included a number of claims regarding the company's "excellent customer service" and their "professional service". We also noted the references to their "Insurance Backed Guarantee", which they claimed meant "complete peace of mind for every customer". While we noted that there was no additional detail setting out the terms of that guarantee, we considered that, when read together with the other claims regarding quality and high customer service, customers would expect that if their driveway became discoloured or cracked, Town & Country Driveways would assess that damage and act to replace or rectify those flaws. Because Town & Country Driveways had not provided any information regarding their guarantee, how they processed complaints about the product, or evidence to show that they had carried out remedial work on driveways that had deteriorated, we concluded that the claims were misleading.

On that point, the ad breached CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (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), and  3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.  (Exaggeration).

Action

The ad must not appear again in its current form. We told Town & Country Driveways Ltd to ensure they held evidence to substantiate their marketing claims, and to ensure they did not exaggerate the quality and durability of the product, or the level of customer service or the guarantee that they offered their customers.

CAP Code (Edition 12)

3.1     3.11     3.7    


More on