Description:
A promotional email offered a percentage discount with the purchase of the advertiser’s gift card. The subject line of the email included the reference, “today only!”. The email also contained a disclaimer that, “Terms & Conditions apply”.
Complaint:
The complainant challenged the accuracy of the advertisement because he received the promotional email at 12:43 p.m., however, when he tried to purchase a gift card at 6:30 p.m. the promotion had already expired. The complainant alleged that “today only” means all-day, not only a few hours.
Response:
In its response to Council, the advertiser did not address the issue raised in the complaint, but submitted that their gift cards, which are sold exclusively on their website, clearly state that they do not expire and that customers may check their gift card balances at anytime within their account.
Decision:
Council members all agreed that ‘when’ the promotion expires was unclear from the advertisement. One Council member remarked that the “only language speaking to timing was in the email subject line”, which stated, “today only”. Without anything to the contrary, a reasonable presumption, in Council’s view, was that “today” extended until midnight on that day, and while there was reference in the advertisement that terms and conditions applied, they were no where to be found.
In its determination, Council unanimously held the advertisement contained an inaccurate, deceptive or otherwise misleading claim, statement, illustration or representation, in contravention of Clause 1(a) of the Code.
Infraction:
Clause 1(a)
