Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A page on www.contactvirginmedia.com stated "Contact Virgin Media. Providing Contact Details for all Virgin Media Services. Contact Virgin Media. 0843 xxx xxxx. The Contact Virgin Media home page is committed to bringing you the most up to date contact information for Virgin Media, along with current special offers and lots of useful information about their products and services ... contact numbers for the correct departments - Contact Virgin Media today on 0843 xxx xxxx to get the help you need". The home page made multiple references to contacting Virgin Media, providing a contact number, a link to an email address and postal address.
Issue
Virgin Media Ltd challenged whether the ad:
1. omitted information that consumers would pay more for calling the advertised number than they would for the official Virgin Media customer service number;
2. misleadingly implied that the number given was the official Virgin Media customer service number; and
3. misleadingly implied that it was associated with Virgin Media.
Response
1. The Number Directory Ltd said they operated a small number of directory websites similar to the one complained about. They said the 0843 telephone number would cost callers no more than 5p per minute from a BT landline. However, they had considered including call charge information, but concluded it could be confusing because other networks charged a different rate or higher rate for those numbers. They understood that because it was a non-geographic number, they were not required to include call charge information. They acknowledged that no mention was made of the official Virgin Media number costing less to call and they were happy to add that information to all relevant pages.
2. Number Directory said their website explicitly stated to consumers that they had no association with Virgin Media and that the contact number was not the official Virgin helpline. That information was stated both on the front page of the website and further on a page entitled 'Disclaimer' which could be reached via a menu on the right-hand side of the home page. They were happy to review the website content with any guidance offered in order to make that more transparent, including featuring it in a more prominent position on the site.
3. In addition to the comments made on point 2 above, Number Directory said the website referred to Virgin Media as a third party throughout and made no claims of association. Again, they were happy to review the content in order to make it as clear as possible that they had no association with Virgin Media.
Assessment
1. Upheld
The ASA noted the page was headed "Contact Virgin Media" and contained multiple references to Virgin Media, their contact details and products. Therefore, we considered consumers were likely to understand that they were calling the official Virgin Media customer services number and would be charged the typical rate for that type of call. We understood that calls to the official number were free for Virgin Media customers, whereas the 0843 number provided by Number Directory incurred a 5p per minute charge from a BT landline, with charges varying on other networks. Because consumers would be charged more than if they had called the official Virgin Media number, we considered the difference in cost should have been made clear. There was no call charge information anywhere in the ad and in its absence, we considered that the ad was likely to mislead.
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.
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 understood the advertised number was not the official Virgin Media customer services, rather consumers paid to have their calls forwarded to Virgin Media for a charge. We considered claims such as "Contact Virgin Media"; "Providing Contact Details for all Virgin Media Services"; "Contact Virgin Media. 0843 xxx xxxx;" and "The Contact Virgin Media home page is committed to bringing you the most up to date contact information for Virgin Media" implied that consumers were being provided with an official Virgin Media number.
Although we noted there was a menu option on the right-hand side of the page headed "Disclaimer" that linked to text that stated Number Directory were not affiliated with Virgin Media and made the nature of the advertised service clear, we considered that was likely to be overlooked by consumers who were looking for a contact number for Virgin Media. The same disclaimer appeared towards the bottom of the home page below the other references to Virgin Media and after consumers were likely to have found the information needed to make a call. We considered its position on the website was insufficiently prominent and, even it were seen by consumers it contradicted rather than clarified the overall impression of the ad. For those reasons, we concluded 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.
and
3.5
3.5
Marketing communications must not materially mislead by omitting the identity of the marketer.
Some marketing communications must include the marketer's identity and contact details. Marketing communications that fall under the Database Practice or Employment sections of the Code must comply with the more detailed rules in those sections.
Marketers should note the law requires marketers to identify themselves in some marketing communications. Marketers should take legal advice.
(Misleading advertising),
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
and
3.10
3.10
Qualifications must be presented clearly.
CAP has published a Help Note on Claims that Require Qualification.
(Qualification).
3. Upheld
We noted Virgin Media's concerns that the repeated references to "Virgin Media" and its products, together with the corporate branding colours of Virgin Media (red, white and black) created the overall impression the site and content within it was affiliated with them. We acknowledged the Number Directory's disclaimer on the home page and its "Disclaimer" page stated the nature of the service and they were not associated with Virgin Media. However, given it that it was positioned at the bottom of the home page or on a different page from the advertised number, we considered that consumers would be able to place their call without seeing that information. Also, as explained above in point two, that disclaimer contradicted rather than clarified the overall impression of the ad. We therefore concluded 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.
and
3.5
3.5
Marketing communications must not materially mislead by omitting the identity of the marketer.
Some marketing communications must include the marketer's identity and contact details. Marketing communications that fall under the Database Practice or Employment sections of the Code must comply with the more detailed rules in those sections.
Marketers should note the law requires marketers to identify themselves in some marketing communications. Marketers should take legal advice.
(Misleading advertising),
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
and
3.10
3.10
Qualifications must be presented clearly.
CAP has published a Help Note on Claims that Require Qualification.
(Qualification) and
3.41
3.41
Marketing communications must not mislead the consumer about who manufactures the product.
(Imitation and denigration).
Action
The ad must not appear again in its current form. We told Number Directory Ltd to ensure their future advertising did not imply an association with an unaffiliated third party, made clear they provided a call forwarding service rather than the official number for third-party services, and, where call charges differed from official phone-lines, that this was clearly communicated. We also advised Number Directory to ensure it included call charge information in line with Ofcom guidance.
