ASA Adjudication on Eclipse Consortium
Eclipse Consortium
Flat 2, 33 Weston Road
Portland
DT5 2BY
Date:
5 September 2012
Media:
Direct mail
Sector:
Leisure
Number of complaints:
1
Complaint Ref:
A12-200931
Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad
A direct mailing promoted a horse racing tipster service. The ad stated "Over the past 6 months we have enjoyed 108 betting days, from which we made profits on 76 occasions. That's a profit strike rate of 70.3% ... Let me stress once again over the past 6 months we have enjoyed 108 betting days, from which we made profits on 76 occasions. That's a profit strike rate of 70.3%". A list of winning bets was included beneath this text. The ad also featured numerous positive testimonials.
Issue
The complainant challenged whether:
1. the claimed 70.3% profit strike rate could be substantiated; and
2. the testimonials quoted in the ad were genuine.
CAP Code (Edition 12)
Response
1. & 2. Eclipse Consortium did not respond to the ASA's enquiries.
Assessment
1. & 2. Upheld
The ASA was concerned by Eclipse Consortium's lack of substantive response and apparent disregard for the Code, which was a breach of CAP Code clause 1.7 (Unreasonable delay). We reminded them of their responsibility to provide a substantive response to our enquiries and told them to do so in future.
Because we had not seen evidence to support the profit strike rate quoted in the mailing or to show that the testimonials were genuine, we concluded that the claims of a 70.3% profit strike rate and the testimonials featured in the mailing were misleading.
The ad breached CAP Code (Edition 12) rules 1.7 (Unreasonable delay), 3.1 (Misleading advertising), 3.7 (Substantiation), 3.11 (Exaggeration) and 3.45 and 3.47 (Endorsements and testimonials).
Action
The ad must not appear again in its current form. We referred the matter to CAP's Compliance team.
