ASA Complaint - Misleading Advertising
- Thread starter Pinkpussycat
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Pinkpussycat
Meeoow....
What exactly do you agree with Alan??
Vienna
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Just a question and I`m probably way off the mark but its something which came to mind. When Q close a customer`s account does this show up on a credit check and is the information held on file anywhere credit checking agencies can access ? If so then I certainly wouldn`t be happy.
That they don't need to mention that if you return a large amount they can cancel your account on air.
Pinkpussycat
Meeoow....
Why shouldn't they??
As like the ASA say it affect very, very few people and would just add another unnecessary thing for presenter to say all the time. It's like the amount of stuff a present has to say on a show like X-Factor when reading out a phone number to call or the amount of information about buying a car on a radio advert.
Hardly anyone will ever have a problem with this and there is no need to go on and on about it every time they mention the 30 day money back guarantee.
They also don't mention the 7 day distance selling regulations everytime. Do you think they should mention that each time as well? If anything i would have thought that was more important.
They don't mention the DSR but that is a standard distance selling issue, it doesn't just relate to QVC!
QVC state they have a 30 day MBG...........fair enough but they should leave it at that and not state "no quibble" as they do quibble the amount people return!!!
PJ.
In an Ideal World ...
All they need to do is at a caveat that you can't return more than 50% rather than constantly encouraging people to buy two sizes and try etc. they also need to be more careful what they include in the 50% as sometimes non delivery seems to count.
Maybe ask for a freedom of information act thing saying how many accounts have been closed in this way.
Maybe ask for a freedom of information act thing saying how many accounts have been closed in this way.
Weathergirl
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Doesn't the FOI Act only apply to public bodies rather than private companies (as opposed to Data Protection)? Not my area but maybe you are right PJ.
Tiddlywinks
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As said, FOI Act only relates to public bodies.
The Data Protection Act regulates all organisations BUT only allows access to personal data relating to the applicant rather than to more general activities of the organisation.
The Data Protection Act regulates all organisations BUT only allows access to personal data relating to the applicant rather than to more general activities of the organisation.
Akimbo
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You could cite the Data Protection Act to request a break down of your "returns" in terms of DSR cancellations, faulty items, etc. If they lump all returns together regardless, I think you'd have an argument that your genuine "don't like it" returns don't equate to 50% of your orders. Assuming, that is, that you want your account kept open. The problem is QVC set the goal posts for "The Letter", so you may win a minor moral victory but they may still close your account.
I think those who have a half-empty pot of a beauty product returned to them by QVC with a refusal to refund because they over-used the product in 30days might have a better case for the ASA to investigate, particularly if they relied on the presenter's statement that they could use it and return the empty pot if it didn't work for them. There's never mention of this "fair-usage" limit on your 30 MBG. For instance, my family of 4 all use the ABC tea tree products so it's possible we'd use more than half of an ABC product in a month. It's a range which is actively pushed by Alison Young as suitable for all the family.
Mods please can we keep this as a sticky so any new forum readers will see it, particularly as it mentions the Distance Selling Regs which may help them recoup their original p&p if nothing else? Ta xx
I think those who have a half-empty pot of a beauty product returned to them by QVC with a refusal to refund because they over-used the product in 30days might have a better case for the ASA to investigate, particularly if they relied on the presenter's statement that they could use it and return the empty pot if it didn't work for them. There's never mention of this "fair-usage" limit on your 30 MBG. For instance, my family of 4 all use the ABC tea tree products so it's possible we'd use more than half of an ABC product in a month. It's a range which is actively pushed by Alison Young as suitable for all the family.
Mods please can we keep this as a sticky so any new forum readers will see it, particularly as it mentions the Distance Selling Regs which may help them recoup their original p&p if nothing else? Ta xx
Pinkpussycat
Meeoow....
Hi Jude, I won't bother asking QVC to collate these figures because basically they can say what they like and I have no way of checking if they are correct, and quite frankly I don't trust them.
Anyway I have decided to appeal the ASA's decision made by their 'executive' Mr McGarry. Why is it these days anyone who responds to a query is a bliddy executive??
Executive used to mean somebody very knowledgeable employed in a higher position but not these days it seems and unfortunately this person did not fully grasp what my complaint was about. An extract from the ASA's advertising standards codes states "no marketing communication should mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise" and in my opinion QVC's representation of their mbg breaches the code on three points i.e. 'likely to mislead', 'ambiguity' and 'ommission'. I shall also cite the case of Thornton v Shoe Lane Parking Ltd which was brought to my attention by Minnehaha and which surely set a precedent in cases like this??
Anyway I have decided to appeal the ASA's decision made by their 'executive' Mr McGarry. Why is it these days anyone who responds to a query is a bliddy executive??
Executive used to mean somebody very knowledgeable employed in a higher position but not these days it seems and unfortunately this person did not fully grasp what my complaint was about. An extract from the ASA's advertising standards codes states "no marketing communication should mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise" and in my opinion QVC's representation of their mbg breaches the code on three points i.e. 'likely to mislead', 'ambiguity' and 'ommission'. I shall also cite the case of Thornton v Shoe Lane Parking Ltd which was brought to my attention by Minnehaha and which surely set a precedent in cases like this??
PJ.
In an Ideal World ...
Good on you for not giving up. We are rooting for you and are with you in spirit
I have heard one of the presenters - I think it was Catherine Huntley last year - saying on a beauty show that you could use the whole pot up, and if not happy return it, and get your money back. She then went on to say 'where else could you do this??' This is obviously not true. They should not say this. I hope you get a better response this time round PPC. If M & S had the same policy, I would have been banned by now!
Sadly very true, I applied for my Subject Data Request under the Data Protection Act 1988, I sent my £10.00 they have a maximum of 40 days to respond, was told that they only had to give me details about me and not ShoppingTelly.com so everything the added to "THE MASTER FILE" about the site I have no right to see. What I did see was quite interesting, it goes right to the top Dermot Boyd gets daily reports about the site. When they contacted the Police when I was at my lowest, while the Police were there they asked if they could do me for harassment, the Police said no. Would be hard to do that when one simple reply saying we have hated your site for 10 years would have sufficed, must have loved me for first two
As you can see quite an large file just about me, I would fight Sue, personally I stopped publishing ASA reports some time ago as I think the entire organisation lacks balls.
PJ.
In an Ideal World ...
Sadly very true, I applied for my Subject Data Request under the Data Protection Act 1988, I sent my £10.00 they have a maximum of 40 days to respond, was told that they only had to give me details about me and not ShoppingTelly.com so everything the added to "THE MASTER FILE" about the site I have no right to see. What I did see was quite interesting, it goes right to the top Dermot Boyd gets daily reports about the site. When they contacted the Police when I was at my lowest, while the Police were there they asked if they could do me for harassment, the Police said no. Would be hard to do that when one simple reply saying we have hated your site for 10 years would have sufficed, must have loved me for first two
As you can see quite an large file just about me, I would fight Sue, personally I stopped publishing ASA reports some time ago as I think the entire organisation lacks balls.
Isn't it odd how a website that they didn't want to advertise with grabs so much of their attention eh Graham. Take that as a backward compliment ;-)
PJ.
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