ASA Council Decision ~ Misleading Advertising

[Pinkpussycat]

In the shadow of what has been extremely sad news today my ASA complaint is unimportant but as I have received a decision from the Council review I thought I should post it anyway. This is what their email says:

Dear Sue,</SPAN>

As you know, we’ve been looking into your complaint about an ad for the QVC Guarantee.</SPAN>

The ASA Council has now carefully considered the ad in line with your complaint. Unfortunately, I should tell you that the Council didn’t consider that there was a case for further investigation under the Code on this occasion. </SPAN>

Council noted that QVC's high returns policy affected very few customers and that those customers who were affected were notified of the policy before their accounts were closed. Because of that, it did not consider that the high returns policy was a significant condition of the money back guarantee that needed to be referenced during the presentation or onscreen.</SPAN>

Whilst I realise that this decision may be disappointing to you, we’ve passed on the comments received to the advertiser so they’re aware of reaction to their campaign. </SPAN>

I understand that this may not be the outcome you were hoping for, but I’d like to thank you nonetheless for your correspondence.</SPAN>

Best regards,</SPAN>


Emily Henwood</SPAN>
Complaints Executive</SPAN>
Direct line 020 7492 2184</SPAN>

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

Their decision is what I expected as once again the ASA have focused on account closures instead of misleading advertising by QVC with regard to their money back guarantee. I will give up now as in the big scheme of things it really doesn't matter.

 

[PJ.]

So sorry to hear that PPC. You have clearly been wronged twice. Both QVC and ASA. Their loss x

 

[Akimbo]

Thanks for persevering Sue, I personally appreciate your efforts and I'm sure others do too.

 

[Bettyboo]

Sorry your efforts have been in vain. It seems to me the consumer doesn't stand a chance these days. I'd love to know who it is that's sits in an office and thinks up all these regulations that don't benefit anyone really apart from the big companies. Sorry rant over.

 

[miss molly]

You gave it your best shot PPC well done, so true there are more important things in life than QVC.

 

[mr tom]

I apologise for my language here but I could only think of two words to sum up my reaction to that response

''that's bullshit!''

 

[RedT]

So it's ok for QVC to mislead as long as it REALLY only affects a few customers, and they're warned that they have been misled before their accounts are closed? Because that's what this decision really boils down to...

Thanks for all your efforts Sue, can't say you didn't try!

 

[neelia]

So any trading company can do whatever the hell they like as long as they don't do it to too many. What BS. Great endeavour though.

 

[Pinkpussycat]

So it's ok for QVC to mislead as long as it REALLY only affects a few customers, and they're warned that they have been misled before their accounts are closed? Because that's what this decision really boils down to...

Yes Red that's exactly what the ASA's decision is saying and basically it gives the green light to any company to say/do anything they like as long as they state it only affects a few customers!! :angry: QVC told the ASA they only close 0.01% of accounts due to high returns so apparently that makes their misleading advertising okay then?? :angry: I would think that going by the amount of people on this forum alone who said they have received The Letter I believe that figure is grossly understated and we all know that QVC lie don't we.....

 

[Brissles]

Sorry your efforts have been in vain. It seems to me the consumer doesn't stand a chance these days. I'd love to know who it is that's sits in an office and thinks up all these regulations that don't benefit anyone really apart from the big companies. Sorry rant over.

I would imagine its a whole bank of very expensive lawyers in the U.S (parent company) who tie up every loop-hole imaginable with one thought in mind - PROFIT !

 

[newtobid]

The Asa are a joke pure and simple

 

[Anna]

Well the ASA are toothless and useless. If having a high return rate of goods to QVC means that your account can be closed, then it should be stated on air, regularly. I hate it when big business gets away with treating customers badly. Sorry PPC that again the ASA didn't get to the crux of your complaint, but thank you for your efforts.

 

[neelia]

Facebook page to spread the word?

 

[Moth]

This is pretty much the same sort of response I got to my complaint to them years ago. They really don't seem to understand what it is we're telling them. I wonder how they can be that obtuse? I wonder how they'd feel personally if QVC did this to them.

I've worked with people who look at complaints and make broad-brush decisions. In one example, a colleague was responsible for dealing with road planning and complaints and yet he didn't drive and hated cars. I can't help but think the ASA is populated by people who own shares in places like QVC and take their side.

 

[techwatcher]

Yes Red that's exactly what the ASA's decision is saying and basically it gives the green light to any company to say/do anything they like as long as they state it only affects a few customers!! :angry: QVC told the ASA they only close 0.01% of accounts due to high returns so apparently that makes their misleading advertising okay then?? :angry: I would think that going by the amount of people on this forum alone who said they have received The Letter I believe that figure is grossly understated and we all know that QVC lie don't we.....

No, it doesn't give 'the green light to any company to say/do anything they like as long as they state it only affects a few customers!!'

The ASA decision does not create a principle; it simply decided that in this specific circumstance that there was no case to answer.

 

[Pinkpussycat]

It wasn't a 'specific circumstance' though. QVC mislead customers in every show over their mbg by implying it's non conditional and it isn't. Why can't (some) people see past the fact my account was closed and realise that it has nothing to do with misleading advertising by QVC?? They can't all be that stupid surely??

 

[Dips]

What I find most irritating about the ASA is complete and utter lack of consistency. This ruling goes exactly against the ruling that they gave Tesco on a very similar complaint.

Sue - you do have another recourse if you wish to peruse this further. Shopping channels are governed by Ofcom, you may wish to consider complaining to them. This would actually be a far greater issue for QVC if they find in your favour, as the ASA is self-policing, but Ofcom has statutory powers, including the ability to remove QVC's broadcasting licence. HTH

 

[neelia]

No, it doesn't give 'the green light to any company to say/do anything they like as long as they state it only affects a few customers!!'

The ASA decision does not create a principle; it simply decided that in this specific circumstance that there was no case to answer.

..and one reason being it does not affect many customers. So it sends a message that you are safe as long as what you do will only disadvantage a small number.

 

[emerson]

Yes Red that's exactly what the ASA's decision is saying and basically it gives the green light to any company to say/do anything they like as long as they state it only affects a few customers!! :angry: QVC told the ASA they only close 0.01% of accounts due to high returns so apparently that makes their misleading advertising okay then?? :angry: I would think that going by the amount of people on this forum alone who said they have received The Letter I believe that figure is grossly understated and we all know that QVC lie don't we.....

If we look at it mathematically, 0.01% of customers in my book works out to be MORE than just a few. QVC should be ashamed of themselves!

 

[alan1302]

Glad the ASA have some common sense.