Ad description
A Google sponsored search result for www.book-your-theory-test.co.uk, stated "£31 Book Your Driving Theory Test Unlimited Retests Until You Pass!".
Issue
The Driving Standards Agency (DSA) challenged whether the £31 price claim was misleading, because they understood that the advertiser charged a minimum compulsory booking fee of £8.50 and the cost of booking a test with "Unlimited Retests" was £59.50.
Investigated under CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.17 and 3.18 (Prices).
Response
Book Your Theory Test Ltd (BYTT) did not believe they were misleading consumers with their pricing information. They believed all of their four pricing options were made sufficiently clear to consumers. BYTT stated that their Google sponsored ad portrayed the services they provided. They explained that Google displayed their sponsored ad description over one line and this was something they had no control over.
BYTT explained that they did offer a £31 theory test booking service and this could be done by calling the booking line. They said that they paid Google for every click they received and they believed they had the right to display their services within their ads to get a consumer's attention. BYTT stated that once a consumer clicked on the Google sponsored search ad, they believed a consumer was presented with clear information, explaining the options open to them, which included using their telephone booking line or an online booking form.
They stated that the left-hand side of their website outlined the cost of booking a theory test through their website and the options they provided for a consumer. These options included a "Theory test fee which currently stands at £31.00 and the booking fee starts from £8.50 … Theory test £39.50 (inclusive of £31 test fee + £8.50 booking fee) … Theory Test + Resit £49.50 (t&c apply) … Theory Test + Unlimited Resits £59.50 (t&c apply)." BYTT said that the link to the DSA website and the pricing options they offered were both displayed on every single page of their website.
Assessment
Upheld
The ASA noted that once a consumer clicked on the Google sponsored search ad and visited BYTT's website, they were presented with information outlining the prices of the services offered. We acknowledged that this information made it clear that the theory test costing £31 was subject to a compulsory booking fee of £8.50 and that the price for a theory test with unlimited retests was £59.50.
However, we understood it was not possible to book a theory test for £31 because a compulsory booking fee of £8.50 was added to the price. We therefore noted that the minimum fee to book a theory test was £39.50. We considered that, because this was a non-optional charge applied to all customers booking a theory test, it should have been included in the headline price and the £31 claim was therefore misleading.
Furthermore, we considered that the Google sponsored search ad was likely to lead a consumer to believe they would be afforded unlimited retests for the price of £31, because the "Unlimited Retests" claim was made next to the price of £31. However, we understood that a consumer must in fact pay £59.50 to receive unlimited retests and this was only made clear to a consumer once they had visited the website. We considered that the price of £59.50 for unlimited retests should have been made clearer to a consumer within the Google sponsored search result, rather than upon them subsequently visiting the website. We therefore concluded that the ad was misleading.
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), 3.17 3.17 Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product featured in the marketing communication. and 3.18 3.18 Quoted prices must include non-optional taxes, duties, fees and charges that apply to all or most buyers. However, VAT-exclusive prices may be given if all those to whom the price claim is clearly addressed pay no VAT or can recover VAT. Such VAT-exclusive prices must be accompanied by a prominent statement of the amount or rate of VAT payable. (Prices).
Action
The ad must not appear again in its current form. We told BYTT to include any compulsory non-optional charges within their headline prices.
