An offer that was difficult to refuse...
When Mrs Q bought a copy of the teenage girl's magazine, Shout, for her 12-year-old daughter she did so happy in the knowledge that it contained material suitable for a young readership. However, it turned out that the editorial would be the least of her concerns. To her complete surprise her daughter ran up a large mobile phone bill after responding to an advertisement for ringtones that she'd seen in the magazine.
The advertisement in question was for "TXT UK" which stated "2 Tones 75p Each" in large red figures. Beside it was text explaining that in order to receive "the 2 highest chart entries every week for just 75p each" all a consumer had to do was "text once". Listed further down the page and in the small print were details of the standard costs for tones, graphics and animations which amounted to £4.50.
The daughter, having seen the headline '75p Each' in bold, did not realise the offer was a subscription service. Innocently assuming that she could buy a single ringtone she did not read as far as the instructions on how to unsubscribe and duly texted the number given to make her order. It wasn't long before she was shocked to discover that she was receiving lots of ringtones and money was disappearing off her phone at a rate of £1.50 each time. Mrs Q was astonished and angry that a magazine aimed at children could contain an advertisement that had misled her daughter to such a degree. Mrs Q did not hesitate to contact the ASA to lodge her complaint. The ASA launched a formal investigation.
In response to the ASA, the advertiser said that they did not promote subscription services in children's magazines and that the ad in question had been intended for a different publication. However, they believed it was still clear the offer was a subscription service. They pointed out that details on how to unsubscribe were placed directly beneath the information on how to subscribe. The advertiser also pointed out that they had given incorrect pricing information about standard tones, graphics and animations and that customers would be charged £3 not £4.50. They sent an amended copy with the correct pricing information in the smallprint as well as including the statement "No unwanted subscriptions" in the body copy. The publishers said the advertisers had told them they would remove the "2 Tones for 75p" offer from future advertisements.
The ASA was concerned by a number of issues raised during the investigation not least that the advertisement had appeared in a magazine targeted at 10-14 year old girls. The original advertisement had not made clear to adults or children that a subscription service was offered and the pricing information was in breach of ICSTIS (the industry body responsible for regulating premium rate charged telecommunications services) guidelines about advertising of telephone services to children. Though the advertisers stated they would not promote subscription services in children's publications and despite the changes made to the amended advertisement, the ASA noticed that the body copy still did not include any price information. As the original advertisement did not make clear that it offered a subscription service and the amended version hid the pricing information in the smallprint the ASA found it misleading and in breach of the Code. The ASA told the advertiser to amend their advertisements and consult the Copy Advice team before publishing advertisements in the future.
Consumers of all ages should feel confident that advertising content is clear and that they will not be misled. As children in particular are unlikely to read the smallprint of any advertisement it is imperative that advertisers make the nature of their offers completely transparent. The ASA works to ensure that advertisers are aware of their responsibilities and standards in advertising are maintained so that consumers know what they are ordering and don't end up paying for something they didn't.