Information on the complaint and ruling on the 07 October 2015 regarding Waverley Media.

Mark McNamara made this Freedom of Information request to Advertising Standards Authority
This authority is not subject to FOI law, so is not legally obliged to respond (details).


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Dear Advertising Standards Authority,

Could you please supply me with further information regarding a complaint and the ruling made in respect of Waverley Media which was informally resolved on the 07 October 2015.
The information I am looking for is what the initial complaint was, and what the outcome of the ASAs ruling was.
I understand that any names of complainants may not be given.

Yours faithfully,

Mark McNamara

Enquiries, Advertising Standards Authority

Dear Mark

Thank you for your email.

The Advertising Standards Authority (ASA) is not subject to the Freedom of Information Act 2000, as it is not a body listed by the Act as being a public authority. The ASA is independent from Government and receives no funding from the taxpayer.

However, we will always try to be as helpful and transparent as we can when answering queries and provide detailed information and responses wherever possible.

Further to your query, the general details of the informally resolved case involving Waverley Media (published on 7 October 2015) are:

We received a complaint about a DVD (which was included in a direct mailing). Text on the DVD included, “ZERO RISK FOOTBALL HEDGING SYSTEM”.

The complainant challenged whether the claim “ZERO RISK” was misleading, because they did not believe it was possible to hedge a bet using the system they suggested and guarantee that you would not lose money.

We approached the advertiser with the concerns that had been raised. It agreed not to use the claim "risk free" or claims with a similar meaning in any future marketing. On that basis we considered the matter resolved and closed the case informally.

I hope this information helps out.

Kind regards

Matt Wilson

Matt Wilson
Senior Media Relations Officer
Direct line 020 7492 2122

Advertising Standards Authority
Mid City Place, 71 High Holborn
London WC1V 6QT
Telephone 020 7492 2222
www.asa.org.uk

Read our 2016 Annual Report

Legal, decent, honest and truthful

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Dear Advertising Standards Authority,

First of all thank you very much for your quick reply to my previous query.

I have only one further query regarding the complaint against Waverley Media which I would very much appreciate if you reply.

The complaint which was informally resolved with Waverley Media on the 7th October 2015 with them agreeing not to use the `Risk Free` in any of their future advertising.
Could you let me know if these informally resolved decisions have any binding agreement in law as Waverley Media after their agreement with you just basically ignored the resolved decision and proceeded to use the term `Risk Free` again in their future advertising for a product in 2017.

They used the same term in 2017 when promoting a product `The Daisho System` and I submitted a complaint regarding the term used and this was informally resolved with Waverley Media on 3rd January 2018.

Waverley Media are just days later promoting the Daisho System again, and are again using the term `Risk Free` in their guarantees.

Please correct me if I am wrong but the optics appear to be that Waverley Media are repeatedly saying to you that they will agree not to use the term `Risk Free`, but when peoples backs are turned so to speak they are basically ignoring any rulings or agreements and are not abiding by any decisions what have been made, thereby making a mockery of your organisation.

Yours faithfully,

Mark McNamara

Enquiries, Advertising Standards Authority

Dear Mark

Thank you for your follow-up query. I'm sorry about the delay in responding to you.

Further to you additional questions, our informally resolved cases are binding – we receive an assurance from the advertiser that they’ll withdraw or amend their ad and not make the problem claim(s) in future.

It’s not clear at this stage whether there is an ongoing problem with this advertiser – I note in the recent case in which you were the complainant, case ref A17-397553, that the ad claim has been removed. However, if you have seen it again please let us know (via our complaints team). If the advertiser does not make the changes per their assurance then we may look at the matter again under our formal investigation procedure.

Beyond that, if an advertiser appears unwilling or unable to work with us then we can and will ratchet up our sanctions which may include, as mentioned, a formal investigation, but potentially also the removal of its paid-search ads, removal of its bulk discount on mailings. Ultimately we can also refer the advertiser to Trading Standards for consideration of statutory sanctions.

I am drawing our correspondence to the attention of our Compliance team so that they are aware of this and they will consider whether there are grounds for any follow-up enforcement action.

Kind regards

Matt

Matt Wilson
Senior Media Relations Officer
Direct line 020 7492 2122

Advertising Standards Authority
Mid City Place, 71 High Holborn
London WC1V 6QT
Telephone 020 7492 2222
www.asa.org.uk

Read our 2016 Annual Report

Legal, decent, honest and truthful

show quoted sections

Dear Enquiries,

Thank you very much for your quick reply.

I have submitted the information to the complaints section regarding Waverley Medias non-compliance.

Yours sincerely,

Mark McNamara

Enquiries, Advertising Standards Authority

Dear Mark

Many thanks for your response and for sending further information to our complaints team on this matter.

Kind regards

Matt

Matt Wilson
Senior Media Relations Officer
Direct line 020 7492 2122

Advertising Standards Authority
Mid City Place, 71 High Holborn
London WC1V 6QT
Telephone 020 7492 2222
www.asa.org.uk

Read our 2016 Annual Report

Legal, decent, honest and truthful

show quoted sections

Dear Enquiries,
Thank you very much for your quick replies to my previous queries.
Only one final point I would like to query from your reply on 29th January 2018 and that is when Waverley Media agreed not to use the claim "risk free" or claims with a similar meaning in any future marketing, did this agreement cover all future marketing on different products or was it an agreement which only applied to the Football Hedging course.

Yours sincerely,

Mark McNamara

Enquiries, Advertising Standards Authority

Dear Mark

Apologies for the delay in replying to you. I have just sent a response to your most recent query - 22/02/18.

Kind regards

Matt Wilson

Matt Wilson
Senior Media Relations Officer
Direct line 020 7492 2122

Advertising Standards Authority
Mid City Place, 71 High Holborn
London WC1V 6QT
Telephone 020 7492 2222
www.asa.org.uk

Read our 2016 Annual Report

Legal, decent, honest and truthful

show quoted sections