Upheld Complaints Against Sit-Up - 24 July 2013

[Wirral70]

Here are this weeks complaints against Sit-Up, 1 Upheld.

I have a feeling this could be Simon Davies as he says 'you'll be buying them from me'.

http://www.asa.org.uk/Rulings/Adjudications/2013/7/sit_up-Ltd/SHP_ADJ_226770.aspx

 

[PJ.]

Haha at their response saying he was giving an opinion rather than comparison. Glad ASA saw straight through that too.

PJ.


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[MrMobo]

Sit-up Ltd t/a price-drop tv (Price Drop) believed the comments by the presenter were a statement of opinion rather than a direct price comparison.

lol quite possibly the worst excuse yet.

 

[Wirral70]

Sit-up Ltd t/a price-drop tv (Price Drop) believed the comments by the presenter were a statement of opinion rather than a direct price comparison.

lol quite possibly the worst excuse yet.

Indeed Mr M. It's one thing a presenter saying 'how much would you expect to pay/I would expect to pay' which is also an opinion but when you actually name a retailer and say you can get it cheaper with Sit-Up i'm afraid that's a big no no.

And if it is Simon Davies I have heard him say things like that a few times so your card has been marked mister!

 

[PJ.]

I am willing to bet my imaginary farm on the fact that the former head of British Rail excuses department now works for Bid.

 

[bingowings]

Well this has to be the most petty complaint ever and perfectly highlights my point that BID are victimised by the ASA. they dismissed BIDS defence that is was the 'OPINION OF THE PRESENTER' and upheld the complaint. yet dismissed my complaint against another channel claiming it was just THE OPINION OF THE PRESENTER AND NOT THE CHANNEL.

 

[aqua]

Well this has to be the most petty complaint ever and perfectly highlights my point that BID are victimised by the ASA. they dismissed BIDS defence that is was the 'OPINION OF THE PRESENTER' and upheld the complaint. yet dismissed my complaint against another channel claiming it was just THE OPINION OF THE PRESENTER AND NOT THE CHANNEL.

I don't wish to be rude or to breach forum etiquette, but I must say I think your opinions are completely bonkers!

 

[bingowings]

I don't wish to be rude or to breach forum etiquette, but I must say I think your opinions are completely bonkers!

Ok. So please explain to me why the ASA accept that a breach of their code is the opinion of the presenter for one channel but not another?

 

[MrMobo]

Ok. So please explain to me why the ASA accept that a breach of their code is the opinion of the presenter for one channel but not another?

Because the one you submitted was a comparison of style between two products, Bids problem is it was a comparison of price. Your allowed to mention rival brands to help distinguish your own product.. your not allowed to mention rival brands on price comparisons when they aren't even the same product.

 

[Wirral70]

Because the one you submitted was a comparison of style between two products, Bids problem is it was a comparison of price. Your allowed to mention rival brands to help distinguish your own product.. your not allowed to mention rival brands on price comparisons when they aren't even the same product.

Not only (who do I sound like?) could the ASA not find a similar product on sale in either B&Q, Wickes, Homebase and Screwfix Direct that cost more than the item on sale but Sit-Up, yet again, didn't take the opportunity to provide any evidence to back up the claim.

One has to wonder why they didn't seize such an opportunity. You can draw your own conclusions

 

[bingowings]

Because the one you submitted was a comparison of style between two products, Bids problem is it was a comparison of price. Your allowed to mention rival brands to help distinguish your own product.. your not allowed to mention rival brands on price comparisons when they aren't even the same product.

Hi Mobo

The complaint wasnt about 'brands' it is listed below:

1) You mention that you consider that the presentation of a deal described as ‘incomparable’, stating that trade buyers might purchase the product and as something that the presenter considered viewers would not get an opportunity similar to again to be misleading. While we appreciate your concern, these claims in the context of a teleshopping presentation would appear more likely to be subjective and generally understood as the presenter’s opinion, rather than objective claims which we could justifiably ask for substantiation for. Consequently, we do not propose to take further action on these specific points.

the complaint upheld by the ASA is for the below

A teleshopping ad on Price-drop TV advertised a Terratek Cobalt multi-purpose 16-piece drill set. The presenter stated, "... I don't know if you know how much a set of drill bits like this would be at maybe B&Q or Wickes or Homebase or Screwfix Direct. If you've looked in any of those places or looked online at their stores and you see the multi-purpose drill bits, if you see how much they are, you'll be coming and you'll be buying them from me, I know that much at the price we're about to do. So, 16 drill bits, I think I've only got 34 of these. It's the biggest, traditionally, Easter weekend is the biggest DIY weekend in the country." On-screen text stated "Now at" and showed the price reducing from £59.99 to £29.99, £27.99 and £17.99. The presenter stated, "It goes down to £17.99."

Im sorry, but i dont see how the claims made by the presenter on price drop are anything other than subjective? he hasn't declared 'price drop are cheaper' than other brands at all. i know few will agree as punishing BID is a beloved pastime. but this is just so petty.

 

[Wirral70]

Hi Mobo

The complaint wasnt about 'brands' it is listed below:

1) You mention that you consider that the presentation of a deal described as ‘incomparable’, stating that trade buyers might purchase the product and as something that the presenter considered viewers would not get an opportunity similar to again to be misleading. While we appreciate your concern, these claims in the context of a teleshopping presentation would appear more likely to be subjective and generally understood as the presenter’s opinion, rather than objective claims which we could justifiably ask for substantiation for. Consequently, we do not propose to take further action on these specific points.

the complaint upheld by the ASA is for the below

A teleshopping ad on Price-drop TV advertised a Terratek Cobalt multi-purpose 16-piece drill set. The presenter stated, "... I don't know if you know how much a set of drill bits like this would be at maybe B&Q or Wickes or Homebase or Screwfix Direct. If you've looked in any of those places or looked online at their stores and you see the multi-purpose drill bits, if you see how much they are, you'll be coming and you'll be buying them from me, I know that much at the price we're about to do. So, 16 drill bits, I think I've only got 34 of these. It's the biggest, traditionally, Easter weekend is the biggest DIY weekend in the country." On-screen text stated "Now at" and showed the price reducing from £59.99 to £29.99, £27.99 and £17.99. The presenter stated, "It goes down to £17.99."

Im sorry, but i dont see how the claims made by the presenter on price drop are anything other than subjective? he hasn't declared 'price drop are cheaper' than other brands at all. i know few will agree as punishing BID is a beloved pastime. but this is just so petty.

And that is probably why your recent five complaints about Gems TV were totally rejected by the ASA without even starting an investigation. This is meant with all due respect Bingo and is not a dig but it appears, to me at least, that you don't really understand the UK Code of Broadcast Advertising (BCAP). The presenter clearly breached the BCAP, there is absolutely no doubt about it.

Have a read through it.

http://www.cap.org.uk/Advertising-Codes/Broadcast-HTML.aspx

 

[PJ.]

Well this has to be the most petty complaint ever and perfectly highlights my point that BID are victimised by the ASA. they dismissed BIDS defence that is was the 'OPINION OF THE PRESENTER' and upheld the complaint. yet dismissed my complaint against another channel claiming it was just THE OPINION OF THE PRESENTER AND NOT THE CHANNEL.

If it was the most petty complaint it has already been dethroned by your post ;-)

PJ


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[bingowings]

If it was the most petty complaint it has already been dethroned by your post ;-)

PJ


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Now now PJ there is no need to be Rude! have you just watched the BID buying instructions and got all 'niggled' again?

 

[bingowings]

And that is probably why your recent five complaints about Gems TV were totally rejected by the ASA without even starting an investigation. This is meant with all due respect Bingo and is not a dig but it appears, to me at least, that you don't really understand the UK Code of Broadcast Advertising (BCAP). The presenter clearly breached the BCAP, there is absolutely no doubt about it.

Have a read through it.






http://www.cap.org.uk/Advertising-Codes/Broadcast-HTML.aspx

If a BID presenter claimed about a Tanzanite ring " this deal is amazing. It's the best out there and you wont get better in fact it's incomparable and so much so the trade will probably be buying it"

I think there is a very good chance the ASA would ask BID to substantiate that claim. That it is 'incomparable' I don't claim to know the guidelines like you Wirral. But for the ASA to make a statement like 'those comments are subjective and the view of the presenter' is surprising.

 

[Paul_s]

Bingowings,

How did you get on with your complaint to the ASA with regards your comments which were dismissed over Gems TV?

 

[Wirral70]

If a BID presenter claimed about a Tanzanite ring " this deal is amazing. It's the best out there and you wont get better in fact it's incomparable and so much so the trade will probably be buying it"

I think there is a very good chance the ASA would ask BID to substantiate that claim. That it is 'incomparable' I don't claim to know the guidelines like you Wirral. But for the ASA to make a statement like 'those comments are subjective and the view of the presenter' is surprising.

That's very interesting Bingo but yet again it's merely speculation on your part.

But the fact of the matter is the presenter clearly broke the BCAP in not one area but an incredible five areas. And unlike your post that isn't my opinion, nor is it speculation on my part.

It is a fact.

 

[PJ.]

Now now PJ there is no need to be Rude! have you just watched the BID buying instructions and got all 'niggled' again?

I limit myself to one niggle a week ;-)


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[Greg]

Bingowings, at least get your complaints to the ASA stick before you complain about others :mysmilie_458:

 

[bingowings]

Bingowings, at least get your complaints to the ASA stick before you complain about others :mysmilie_458:

thank you for your wisdom Greg. its quite moving to know there are still people who will take time out of their busy and fulfilled lives to bestow a little of their valuable knowledge on others. your rare breed Greg. a rare breed indeed