• Cookies Policy
  • ASAI and Remote Working
  • Links
  • Publications
Ph: (01) 6137040 // Email: standards@asai.ie
linkedin
twitter
  • Welcome
  • Make a complaint
    • Advertisement or Promotion
    • Online Behavioural Avertising
  • About ASAI
  • Advertising & Self Regulation
  • ASAI Code
  • Complaints Bulletins
  • News

Travel

December 10, 2018
by Seona Parker
Comments are off

Print This Post Print This Post
Bulletin: 18/5
Batch: 252
Reference: 30127
Product: Travel
Advertiser: Midnight Limo
Influencer:
Agency:
Medium: SMS
Codes:
ASAI Code 7th Edition: 2.4(c), 3.10, 3.26, 3.27, 3.28(a), 3.28(b), 4.1, 4.4, 4.35

  • Advertisement
  • Complaint
  • Response
  • Conclusion
  • A text message sent by the advertiser to the complainant’s client list:
    “This is (advertiser used their name) and I will be operating a pick up/drop off service in Loughrea for the foreseeable future. I will be working independently and should you not be able to get (complainant’s name) at Loughrea Taxi, feel free to contact me. As I operate on a limo licence, I cannot just pick you up. You can ring or text me and book this way.”

  • The complainant said that the advertiser did not have permission to use his name and his business name in his advertisement.

  • The advertisers said that the advertisement was a text to a number of people known to them and that the wording of the text was factual, correct and not misleading. They also said that they did not consider that the text was a marketing communication and that no mention had been made to any person’s house or other possessions.

    FURTHER INFORMATION:
    The Executive advised the advertisers of the definition of a marketing communication in the ASAI Code, Section 1.1 (b) -
    A marketing communication includes, but is not limited to, advertising, as well as other techniques such as promotions, sponsorships and direct marketing, and should be interpreted broadly to mean any form of communication produced directly by, or on behalf of, advertisers intended primarily to promote products, to influence the behaviour of and/or to inform those to whom it is addressed.

    The Executive also advised the advertiser of the extent of the Code’s remit, specifically Section 2.2 (c) –
    Marketing communications in brochures, leaflets, circulars, mailings, fax transmissions, emails and text transmissions.

    In the light of the above two sections of the Code, the Executive advised the advertisers that the SMS message sent by them was an advertisement under the Code and therefore requested their comment on the issues raised by the complainant.

    No further response was received.

  • Complaint Upheld.

    The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Complaints Committee expressed concern, however, at the advertisers’ failure to respond to the request for further comment from the Executive. They reminded them that there is an onus on advertisers to ensure that their advertising is in conformity with the Code.

    While taking account of the response from the advertisers the Committee concluded that the advertisement was in breach of Code Section 3.27 of the Code.

    ACTION REQUIRED:
    The advertisement must not reappear in its current form again. The Committee advised the advertisers to ensure that they have permission in advance, before referring to a named person in their advertising.

Social Share

    Complaints Bulletins

    • Complaints Bulletins
      • 22/4
      • 22/3
      • 22/2
      • 22/1
      • 21/5
      • 21/4
      • 21/3
      • 21/2
      • 21/1
      • 20/6
      • 20/5
      • 20/4
      • 20/3
      • 20/2
      • 20/1
      • 19/6
      • 19/5
      • 19/4
      • 19/3
      • 19/2
      • 19/1
      • 18/5
      • 18/4
      • 18/3
      • 18/2
      • 18/1
      • 17/5
      • 17/4
      • 17/3
      • 17/2
      • 17/1
      • 16/7
      • 16/6
      • 16/5
      • 16/4
      • 16/3
      • 16/2
      • 16/1
      • 15/6
      • 15/5
      • 15/4
      • 15/3
      • 15/2
      • 15/1
      • 14/8
      • 14/7
      • 14/6
      • 14/5

    Search:


    Filter by:

    Reset

    ©ASAI 2021 // 7 Herbert Street, Dublin 2, D02 K838 // Ph: (01) 6137040
    website by smudge design
    /* ----------------------------------------- */ /* Content Template: Complaint_Content_Type - start */ /* ----------------------------------------- */ /* ----------------------------------------- */ /* Content Template: Complaint_Content_Type - end */ /* ----------------------------------------- */
    This website uses cookies to improve your browsing and interactive experience. If you are happy to proceed with this, please click Accept

    If you wish read more about our cookie policy please Read More
    Privacy & Cookies Policy

    Privacy Overview

    This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
    Necessary
    Always Enabled
    Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
    Non-necessary
    Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
    SAVE & ACCEPT