Cross-border train company ASA ruling: CAP Code Compliance
The ASA’s recent ruling involving a cross-border train company highlights the importance of transparency in advertising, particularly when it comes to promotions and having evidence to back up offers.
A compliant was made in respect of two adverts promoting a promotional price for two journeys on two routes during certain date periods. The complainant had only found limited tickets at the advertised price and challenged the ads as misleading because the cross-border train company exaggerated the availability of advertised tickets and omitted a significant limitation. The ASA upheld the complaint and found:
Neither ad qualified the promotional claims by stating the offers only applied to specific travel dates and that this information was likely to be material to customers.
The travel date restrictions and excluded dates were available on the landing page but were close to the bottom and consumers would have to have clicked further to reveal the dates. Therefore, they found this material information to not have been “immediately visible”. As this material information had not been provided immediately to consumers, the ASA found the Ads to be misleading
Consumers would expect to find tickets available at the promotional price across the range of dates and times of the promotional period and that they would have a reasonable chance of obtaining the advertised price. The ASA expected to see evidence that a significant number of available tickets were available from the promotional price at the time the ad was seen, either for the time the tickets could be booked or the promotional period, either via the provision of historic or future data. The cross-border train company was unable to provide this evidence to the ASA’s satisfaction.
The ads breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising) and 3.9 (Qualification).
To avoid similar compliance issues, when putting out promotions, or carrying out advertising online, businesses should be aware of the CAP code requirements, and other key advertising regulation, and consider areas such as the areas below:
Accuracy of claims: Ensure all claims regarding promotions or offers, including timelines and eligibility, are accurate and easy for consumers to verify.
Clarity and transparency: Clearly display key terms and any restrictions tied to offers, such as valid dates and exclusions, directly within the advertisement or somewhere that is clearly accessible and does not require consumers to take further actions to find it. Requiring consumers to dig for information can lead to misunderstandings and non-compliance.
Substantiation of claims: Have evidence ready to substantiate any claims. In relation to the example above, for limited-time or restricted offers, make sure you have evidence to back up availability of stock etc. Substantiating claims applies in general in respect of advertising as well, both for promotions and for example if you are claiming products have won an award or have been deemed by market research to have certain qualities
Avoiding misleading omissions: Do not withhold material information, such as, in relation to this example, excluded dates. Providing a full, immediate view of all terms of a promotion helps avoid confusion.
Providing clear pricing information: Present prices transparently, with no hidden fees, to provide a complete understanding of costs. Usually saying from a price is fine provided it is not misleading and the consumer will have the ability to obtain the offer at that price if a certain clear criteria is met.
Honest representation: Ensure any visuals and descriptions in the ad accurately reflect the offer, promoting a realistic impression for consumers.
Labelling paid promotions: Label sponsored or paid promotional content clearly, particularly on social media, to maintain transparency.
Industry-specific compliance: Review CAP Code standards, and other relevant advertising regulations, specific to your industry, as some sectors have unique advertising rules.
Staying updated on advertising standards: Keeping up with ASA rulings and CAP Code updates is essential to avoid breaching emerging guidelines.
You can read the full ASA ruling on here which is the source for the summary of the ASA’s decision above.
About Adaptable Legal Counsel
At Adaptable Legal Counsel, we understand that businesses need flexible legal services to navigate complex advertising rules. With the flexible legal support that fractional legal counsel services provide, Adaptable Legal Counsel can help you proactively address advertising compliance issues. By partnering with Adaptable Legal Counsel, your business can confidently communicate offers, maintaining compliance and building consumer trust.
About Amy
Amy is a qualified commercial solicitor with extensive experience in commercial law and legal compliance, honed during her time at Reed Exhibitions (RX Global), part of the RELX Group. RX Global, a leading global events organiser, provided Amy with a unique perspective on the complex legal needs of large-scale, international events. Her role there deepened her expertise in areas like data protection, intellectual property, and commercial contracting, enabling her to understand and anticipate the demands of event management from a legal standpoint. Now, as the founder of Adaptable Legal Counsel, Amy leverages this background to offer tailored, agile legal solutions that empower small and medium-sized businesses to navigate their own regulatory landscapes confidently and effectively.
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Disclaimer: This blog is for informational purposes only and should not be considered legal advice. The content provided here is intended to offer general insights into data protection and contractual considerations for businesses. For specific legal advice tailored to your individual circumstances, please consult a qualified legal professional. Adaptable Legal Counsel disclaims any liability for actions taken or not taken based on the information in this blog.
