Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A website promoting a gambling syndicate, www.private-syndicate.co.uk, seen in February 2021, featured the headline claims “WELCOME TO VIP INNER CIRCLE” followed by a link to “JOIN HERE”, “ENTER THE WORLD OF PROFESSIONAL BETTING…” and “AND TOTALLY TAX-FREE CASH!” against the backdrop of a group of jockeys horse-racing. Further text below included “Please read my proposal to you because what I am about to tell you is 100% true. I want you to read on with an open mind and only make a decision after you have read the last word. I say this because you must have had so many mailings promising all sorts of get rich quick schemes. You must ask yourself by now – do any of these really work? Look at all the mailings you have received from mailing companies selling ideas like property deals, trading options and business opportunities etc. If these schemes were so good why don’t they lay on a boat in the Caribbean using it themselves! That`s why I want to help you now because what I have to offer you is 100% genuine and I hope you can clearly see I am not trying to con you in any way. All I want to do is prove that there is a genuine way to make you easy tax-free money”.
Another subheading below was entitled “YOU COULD BE ONLY ONE PAY CHECK AWAY FROM FINANCIAL DISASTER” and “SPECIAL NOTE ABOUT MAKING MONEY FROM BETTING”. Further claims included “with the economy so unstable and unemployment going through the roof, this really is a good time for you to join. When your friends and neighbours are struggling in a few weeks’ time, you will be still making money because you will be having a regular income from the VIP Inner Circle Syndicate” and “the cost of The VIP Inner Circle Syndicate is not cheap but It is priceless for those who want a real way to get out of the rat race and make some real money. So, if you really want a regular second or first income betting on horses, then please apply to become a member today”.
A further subheading stated “PAY MONTHLY DEAL” and claims beneath it included “Your 100% Lifetime Money-Back Guarantee….you will see for yourself how using the VIP Inner Circle Service you can make excellent profits now and in the future or..I will give you your money back Guaranteed for Life”.
Issue
1. The complainant, who was a member of VIP Inner Circle Service for four months but made no profit, challenged whether the claim “100% Lifetime Money-Back Guarantee” was misleading because they were not refunded their money back when they requested it.
2. The ASA challenged whether the ad was socially irresponsible because it suggested that gambling was an alternative to employment and a way to achieve financial security.
Response
1. Paul Coleman said that he had thought that the complainant had received their refund and that he had always promptly refunded clients who had requested refunds. He said that he had satisfied clients using his service who had been with him for many years and had no complaints. Paul Coleman said that he would comply with any advice given to him by the ASA and would remove the guarantee claims from his website.
2. Paul Coleman did not provide a substantive response to the ASA’s enquiries on the second point of complaint.
Assessment
1. Upheld
The CAP Code stated that marketing communications must not use the word "guarantee" in a way that could cause confusion about a consumer's rights and that marketers must promptly refund consumers who made valid claims under an advertised money-back guarantee. We considered that consumers would understand the claims “100% Lifetime Money-Back Guarantee” and “you will see for yourself how using the VIP Inner Circle Service you can make excellent profits now and in the future or..I will give you your money back Guaranteed for Life!” to mean that they were guaranteed a full refund in the event that they did not make any profit from the gambling syndicate. We acknowledged Paul Coleman’s removal of the money-back guarantee claims. However, because the ad contained claims about a money-back guarantee, and in the absence of any evidence to support those claims or show that the complainant had been promptly refunded, we concluded that the ad breached the Code.
On that 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. (Misleading Advertising), 3.53 3.53 Marketing communications must not use the word "guarantee" in a way that could cause confusion about a consumer's rights. and 3.55 3.55 Marketers must promptly refund consumers who make valid claims under an advertised money-back guarantee. (Guarantees and after sales service).
2. Upheld
The CAP Code stated that advertisers must not suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security. While we acknowledged that Bonus Accumulator’s service was not itself gambling, we considered that the purpose of the service was to facilitate gambling and we therefore assessed the ad with that in mind. We considered that the claims “YOU COULD BE ONLY ONE PAY CHECK AWAY FROM FINANCIAL DISASTER”, “with the economy so unstable and unemployment going through the roof, this really is a good time for you to join. When your friends and neighbours are struggling in a few weeks’ time, you will be still making money because you will be having a regular income from the VIP Inner Circle Syndicate” and “the cost of The VIP Inner Circle Syndicate is not cheap but It is priceless for those who want a real way to get out of the rat race and make some real money. So, if you really want a regular second or first income betting on horses, then please apply to become a member today” would be interpreted by consumers to mean that the gambling system offered by the advertiser could be an alternative to employment and a way to achieve financial security. We therefore concluded that the ad was socially irresponsible.
On that point, the ad breached CAP Code (Edition 12) rule 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Social Responsibility).
Action
The ad must not appear again in its current form. We told Paul Coleman that they should not make claims that they offered a money-back guarantee if they were unable to do so. We also told them to ensure that their ads were prepared in a socially responsible way and did not suggest that gambling could provide an alternative to employment or a way to achieve financial security.
