Description:
On the advertiser’s website, a pop-up advertisement offered customers a 10% discount (pickup only) at all participating locations when ordering on its website. The ad contained a “start my order” button. There was no other reference in the ad to participating locations, terms and conditions, exclusions, and/or limitations.
Complaint:
The complainant alleged that the advertisement was misleading because it did not clarify which store locations were participating in the promotion, and when he tried to take advantage of the promotional offer on the website, the discount did not apply at the specific store location he selected.
Response:
Although Ad Standards requested a response from the advertiser, there was no response sent to Council.
Decision:
Council considered the complaint together with the ad screenshot provided by the complainant, as well as their own online due diligence.
One (1) Council member felt that it would have been clearer if the advertisement included which locations were participating and which were not, however, that omission was not enough to find a contravention. This Council member found by calling out ‘participating locations’ in the ad, it put consumers on notice that not all locations are participating in the promotion. In addition, consumers will understand if the discount is or is not applicable as it is immediately displayed during the online order process for those participating locations.
This, however, was not the prevailing view of Council. A majority of Council members found that all pertinent details of the advertisement were not clearly and understandably stated and that the ad omitted relevant information resulting in an ad that is deceptive or misleading.
In coming to that conclusion, the majority of Council noted that it is insufficient to state that there are limitations to an offer without highlighting, up front, what those limitations are. Further, the offer being made online made it very simple to call out the full terms and conditions which include the participating locations. Majority of Council was also of the view that, requiring a consumer to spot whether or not there is a 10% discount at checkout is not sufficient disclosure of the offer details.
Infraction:
Clause 1(b), Clause 1(c)
