Description:
An email advertisement offered past customers 1 month for $5 if they rejoin their service within the timeframe specified, and included a hyper-linked, “claim your offer” button.
Complaint:
The complainant alleged the advertisement was false and misrepresented her opportunity to purchase the services at the terms presented because when she tried to take advantage of the advertised offer through the email, was instead provided with a much lesser offer.
Response:
In its response to Council, the advertiser advised that the issue experienced by the consumer resulted from an inadvertent copy error that displayed an expiry date in the email ad that was one day later than the actual/real expiry date for the offer. When the complainant clicked on the link in the ad to try and redeem the offer, it resulted in an expired offer, and consequently displayed a different offer.
Decision:
Council appreciated the advertiser’s response and considered the complaint together with the advertiser’s submission.
Given the Code violation was obvious, and the advertiser acknowledged there was a mistake with the advertisement at issue and confirmed they have removed the erroneous advertisement, Council determined a debate of the complaint’s merits was not necessary and held that there was a violation of Clause 4 of the Code.
Infraction:
Clause 4
