Previous ruling against Waverley Media 07 October 2015

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).


This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

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 clarification upon the informally resolved decision between yourselves and Waverley Media.

I understand that any names of complainants may not be given.

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

The complaint what was submitted in 2015 to the ASA 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.

I understand you approached the advertiser with the concerns that had been raised.
Waverley Media agreed not to use the claim "risk free" or claims with a similar meaning in any future marketing. On that basis I understand both parties considered the matter resolved and closed the case informally.

The clarification I am looking for, if possible, is that when Waverley Media agreed not to use the term Risk Free or similar in any future marketing then was that binding agreement regarding just the Football Hedging System or does the term Risk Free or similar wording cover all products which will be marketed by Waverley media in the future.

Yours faithfully,

Mark McNamara

Enquiries, Advertising Standards Authority

Dear Mark

Thank you for contacting us with your follow-up query and please accept my apologies for the delay in responding to you. We've been experiencing a particularly busy period in the communications team.

Further to your query below (and the earlier one on 16 Feb), Waverley Media agreed not to use claims in their ads about the guarantees or risk free trials for any of their products or services that state or imply that there is no risk involved to the consumer.

If Waverley Media do not bring their advertising into line and/or we receive further complaints (I see you have lodged a further complaint and that is currently being assessed) we will look into the matter and take action where appropriate.

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

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Dear Enquiries,

Thank you very much for your reply and your help on this matter. It is very appreciated.

Yours sincerely,

Mark McNamara