Background
Three issues were investigated, of which all three were Upheld.
Ad description
A sponsored ad and the website www.passport-uk.co.uk promoted a passport application assistance service:
a. A sponsored ad on Google, the search result for "passport renewal" stated "Renew UK Passport Online - renewal.passport-uk.co.uk Renew your British Passport Online. Fast & Secure Process. Apply Now. Fast Track Application - Passport Renewal".
b. The website, www.passport-uk.co.uk promoted a passport application assistance service. Text stated "Complete your passport application online ... First UK Passport Apply now for a first child or first adult UK passport. APPLY NOW Renewal Renew your child or adult passport now. APPLY NOW Replace Replace a lost or damaged passport now. APPLY NOW Name Change Change your name and details now. APPLY NOW". Under the heading "Welcome to the UK Passport application assistance service" further text stated "Our service provides you with a virtual passport application service via HM Passport Office ... We will assist you in the online completion of the necessary application form for HM Passport Office. Once you have completed the easy online form, we will thoroughly analyse and check your application for any oversights or missing information prior to submitting it to HM Passport Office. When the process is complete, HM Passport Office will transfer the information provided onto specially adapted forms and return it to you in a hardcopy format. You will receive these pre-printed forms by post and will need to sign them prior to returning them to HM Passport Office for further processing". Text under the heading "How to apply for your Passport" stated "Basic Analysis and Sending facility (£69) ... 2 Quick and Instant facility (£79) ... 3 HM Passport Office website Your application will not be checked. You will incur HM Passport Office fees". Below that text there was a table comparing the services offered by passport-uk.co.uk and HM Passport Office which, for "Administration Fee" stated "£69-79" for "Our Service" and "Free of Charge" for "HMPO".
Issue
The ASA received 38 complaints.
1. A number of complainants challenged whether ad (a) misleadingly implied that the website was the official Her Majesty's Passport Office (HMPO) site.
2. The majority of the complainants challenged whether ad (b) was misleading, because they believed it was presented as the official HMPO website, and it was not clear that consumers could not purchase or renew a passport through the site, but were instead being offered an application checking service.
3. A number of complainants challenged whether ad (b) was misleading, because they did not believe it was sufficiently clear that the fee charged by the advertiser did not include any fee payable to HMPO.
Response
1., 2. & 3. IQ Channels Ltd t/a passport-uk.co.uk (Passport-UK) did not believe that their advertising was misleading and highlighted text on the website, under the heading "Welcome to the UK Passport application assistance service", that stated "Our service provides you with a virtual passport application service via HM Passport Office ... we will thoroughly analyse and check your application for any oversights or information prior to submitting it to HM Passport Office". They thought it was clear from the site that they offered a "Check and Send" service, and that they also offered additional services such as online appointment booking.
Assessment
1. Upheld
The ASA noted that the ad did not make any reference to HMPO, or include any claims that the site was "official". We considered, however, that it was not clear that the link led to a passport application checking service, rather than to the official government passport application website. Therefore, we concluded that the ad was misleading and in breach of the Code.
On that point, ad (a) breached CAP Code (Edition 12) rules
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).
2. Upheld
We noted that the home page included the heading "Welcome to the UK Passport application assistance service" and a paragraph which set out the nature of the service. We also noted that towards the bottom of the home page there was a table entitled "Services offered by us that the Government site does not provide" which compared the services offered by HMPO and Passport-UK. We were concerned, however, that that information was included in the body copy of the ad and users had to scroll down the page before they were presented with a full explanation of the service. In addition, we noted that bold headline text at the top of the page stated "Complete your passport application online ..." and was accompanied by a number of "Apply now" buttons. We considered that a number of consumers, particularly those who had clicked through from a sponsored link, might have accessed the application form without reading the text further down the home page, and would therefore be unaware of the true nature of the service. Because of that, we concluded that the ad was misleading.
On that point, ad (b) breached CAP Code (Edition 12) rules
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).
3. Upheld
We noted that under the heading "How to apply for your Passport" the prices "£69" and "£79" were quoted for Passport-UK's "1. Basic Analysis and Sending facility" and "2. Quick and Instant facility" respectively. We also noted that the third option, "HM Passport Office website" was accompanied by the text "You will incur HM Passport Office fees". The table comparing HMPO and Passport-UK also stated that the "Administration Fee" for Passport-UK's service was "£69-£79", whereas HMPO's was "Free of charge". We considered, however, given the lack of clarity throughout the site with regard to the service being offered, that that fee information did not make clear that the cost was solely for a checking service and that consumers would have to pay an additional fee for their passport to HMPO. We therefore concluded that the ad was misleading.
On that point, ad (b) breached CAP Code (Edition 12) rules
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) and
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.
(Prices).
Action
The ads must not appear again in their current form. We told Passport-UK to clearly communicate the nature of their service and the fact that the fee for their service did not include the fee levied by HMPO for a Passport, in their marketing communications. In addition, we told them to ensure they did not misleadingly imply that they were the official HMPO.
