Background
Summary of Council decision:
Two issues were investigated of which one was Upheld and one was Not upheld.
Ad description
A vacancy ad on a recruitment website, viewed in January 2011, was headed "Retail Sales Experience? Kick starting your 2012!" and text stated "£12,000 - £16,000 per annum, negotiable, OTE". Further text stated "Unique opportunity for graduates or those looking for a career change from retail to work one of Leicester's leading marketing companies. Full product training provided! ... Those with Retail Experience are exposed to: Face to Face Sales, Customer Service, Promotions, Marketing". Bold text stated "This is the opportunity for you! **PLEASE NOT [sic] THIS IS NOT BASED IN A RETAIL ENVIRONMENT BUT LOOKING FOR THOSE WITH FACE TO FACE CUSTOMER SERVICE EXPERIENCE AS GAINED IN A RETAIL ENVIRONMENT**". Further text stated "Those with Retail Experience will: Develop business expertise, Maintain and build a client base, Further build personal skills, Have ongoing product training and support and guidance, Able to take part of a large or expanding company, Acquire commissions based entirely on your hard work and dedication". Text at the bottom of the ad stated "Earnings are entirely based on performance."
Issue
The complainant challenged whether the ad was misleading, because they believed:
1. the vacancy was for a door-to-door sales person; and
2. that the earnings were based on commission only.
Response
1. Innervision said they clearly stated that the opportunity was not based in a retail environment but was for face-to-face sales.
2. Innvervision said the ad clearly stated that earnings were entirely based on performance. They explained that they stated "OTE" in the header of the ad and also highlighted that in the body of the ad.
Assessment
1. Upheld
The ASA noted the role was advertised in the categories "Retail" and "Sales Assistant" on the website. We noted the ad included the text "Unique opportunity for graduates or those looking for a career change from retail to work one of Leicester's leading marketing companies" and stated that responsibilities included "Develop business expertise, Maintain and build a client base, Further build personal skills, Have ongoing product training and support and guidance". We acknowledged that the ad stated "Those with Retail Experience are exposed to: Face to Face Sales, Customer Experience" but noted it did not state that positions were for door-to-door sales. We considered that most people would not interpret the ad to mean the job would involve door-to-door sales. We considered that that information was an important condition of the work that was likely to affect an individual's decision to apply and because it was not made clear, we concluded that the ad was misleading.
On this 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.
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
20.2
20.2
Employment marketing communications must relate to genuine vacancies and potential employees must not be asked to pay for information.
Living and working conditions must not be misrepresented. Quoted earnings must be precise; if one has to be made, a forecast must not be unrepresentative. If income is earned from a basic salary and commission, commission only or in some other way, that must be made clear.
(Employment).
2. Upheld
We noted the pay was stated as "£12,000 - £16,000 per annum, negotiable, OTE". We noted that in the body of each ad, which could only be viewed when the initial ad was clicked on, the text stated "Acquire commissions based entirely on your hard work and dedication" and "Earnings are entirely based on performance". We considered that, although the website enabled them to do so, Innervision had not stated in text alongside the "Salary" box that earnings were based on commission only. We considered that the ad did not make sufficiently clear that earnings were based on commission only and that that was an important condition of the role that was likely to affect an individual's decision to apply. We therefore concluded that the ad was misleading.
On this 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.
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising) and
20.2
20.2
Employment marketing communications must relate to genuine vacancies and potential employees must not be asked to pay for information.
Living and working conditions must not be misrepresented. Quoted earnings must be precise; if one has to be made, a forecast must not be unrepresentative. If income is earned from a basic salary and commission, commission only or in some other way, that must be made clear.
(Employment).
Action
The ad must not appear again in its current form. We told Innervision to ensure that their future ads stated when positions were door-to-door sales and when earnings were based on commission only.
