Ad description
An unsolicited direct mailing from Vanquis Bank displayed the logos for "VANQUIS BANK" and "VISA" and a stamp which featured a barcode and signature and stated "TIME SENSITIVE DOCUMENTS ENCLOSED ... Tracked Mail" on the front of the envelope. Small text at the top on the back of the envelope stated "Marketing Communication Enclosed".
Issue
Two complainants, who believed the barcode and claim "TIME SENSITIVE DOCUMENTS ENCLOSED ... Tracked Mail" misleadingly implied the mailing was solicited and contained important information, challenged whether the mailing was obviously identifiable as a marketing communication.
Response
Vanquis Bank Ltd said they believed the envelope made clear it contained a marketing communication. They provided an example of the mailing and its enclosures. They said it included the Vanquis Bank logo, a return address, the Visa logo as well as the text "Marketing Communication Enclosed" on the flap on the reverse. They believed it would be difficult for a consumer to open the envelope without seeing the words on the flap and that the elements on the front showing the mailing as originating from a financial institution, alongside the postmarks from "TNT delivery" or "Royal Mail" further identified its commercial origins. They therefore believe it was obviously identifiable as a marketing communication.
Vanquis Bank said the mailing included a four-page insert consisting of a regulated credit ad soliciting an application for a Visa credit card from Vanquis Bank, along with further information and a reply paid envelope for return of the application. They said the stamp printed on the envelope which stated "TIME SENSITIVE DOCUMENTS ENCLOSED ... Tracked Mail" made no claim that the mailing had been sent by recorded or express delivery or made any express or implied claim regarding the importance of the contents of the mailing or that it was a solicited communication. They said the words "TIME SENSITIVE DOCUMENTS ENCLOSED" were justified because the application included in the mailing gave a time limit for the response to the solicitation, and therefore some implication of urgency was appropriate. They felt that to include a specific response date on the envelope itself would be more likely to mislead consumers regarding the nature of the mailing. They said the envelope was tracked across the stages of dispatch and delivery process using the barcodes and identifiers printed on the letter and visible through the address window and those printed on the envelope.
Assessment
Upheld
The mailing included the personal name and address of the complainant and the envelope was printed with various logos including that of Vanquis Bank and Visa, which we considered gave the impression of a financial mailing. The ASA also noted that the typeface used for the address appeared similar to that used for bank statements and that the word "BANK" was partly visible though the envelope window. The overall impression of the envelope was therefore that of a solicited mailing relating to a financial company to which the recipient had an existing relationship. Although the flap on the back of the envelope included the words "Marketing Communication Enclosed" the print used was small and its location meant it could be overlooked. We also considered that it contradicted the overall impression of the envelope and therefore was not sufficient to make clear that it was a marketing communication. We also considered that the barcode and claim "TIME SENSITIVE DOCUMENTS ENCLOSED ... Tracked Mail" in particular gave the impression that the documents contained in the envelope were solicited and important. Although we understood that the application which the envelope contained was time limited, we considered the barcode and claim misled regarding its nature and importance.
Because the mailing was not obviously identifiable as a marketing communication and exaggerated the importance of its contents, we concluded it was misleading and breached the Code.
The ad breached CAP Code (Edition 12) rules 2.1 2.1 Marketing communications must be obviously identifiable as such. (Recognition of marketing communications) and 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising).
Action
The ad must not appear again in its current form. We told Vanquis Bank Ltd to ensure that future mailings were obviously identifiable as marketing communications. We also told them not to repeat the claim "TIME SENSITIVE DOCUMENTS ENCLOSED ... Tracked Mail" for mailings of this nature, not to imply that the contents of the mailing were solicited and not to exaggerate their importance.
