Background
Summary of Council decision:
Three issues were investigated and all were Upheld.
Ad description
A regional press ad, seen in the Metro, stated "MODELS, ACTORS, EXTRAS!!! Books are open for limited time only. Jobs available for TV - FILMS - EXTRAS BACKGROUND ARTISTS FASHION - MAGAZINES MUSIC VIDEOS - COMMERCIALS (No Age Restriction, No Experienced [sic] Required) (NO FEE CHARGED) Secure your place now by booking your meeting now via email or call us at Ph: [Telephone Number] (Mon-Fri 10am-5pm) [Email Address]".
Issue
Clive Hurst challenged whether:
1. the claim "NO FEE CHARGED" was misleading, because he understood that the advertisers always took a £100 deposit for professional photographs to be taken by their chosen studio, even if the consumer already had their own portfolio;
2. the claim "Books are open for limited time only" was misleading and could be substantiated, because he understood that that was not the case; and
3. the claim "Jobs available for TV - FILMS - EXTRAS" could be substantiated, because he understood that they did not find work for applicants.
Response
Wire Model Management did not respond to the ASA's enquiries.
Assessment
1., 2. & 3. Upheld
The ASA was concerned by Wire Model Management's lack of response and apparent disregard for the Code, which was a breach of the CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in the future.
Because Wire Model Management had not provided evidence to substantiate the claims, we concluded the claims were misleading.
The ad breached CAP Code (Edition 12) rules 1.7 (Unreasonable delay),
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
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).
Action
The ad must not appear again in its current form. We told Wire Model Management not to make claims in their advertising if they were unable to provide evidence to substantiate them. We asked CAP to inform its members of the problem with Wire Model Management.
