The SMS received by the complainant stated:
You have won a £500 [COMPANY NAME] Giftcard as part of our Customer of the Month program. Claim your FREE Voucher now:
The complainant considered the advertisement to be misleading as the advertisement claimed she had won the voucher. She went on the website to claim the free voucher, however, she had to fill in the questionnaire and agree to be contacted by other advertisers in order to be entered into a draw for the £500.
The advertisers failed to provide a response to the complaint.
The Complaints Committee considered the details of the complaint. The Complaints Committee expressed concern at the advertisers’ failure to respond to the complaint. They reminded them that there is an onus on advertisers to ensure that their advertising is in conformity with the Code.
The Committee noted that the advertising claimed that the recipient had won a voucher. As this was not the case, and in the absence of a response from Leadworld Online Generation Ltd, the Committee concluded that the advertisement was in breach of Code sections 3.10, 4.1, 4.4, 4.6 and 4.9 of the Code.
ACTION REQUIRED: The advertisement should not be used in the same format again.