January 2005
Direct Fone Warehouse Delivery Time Fails to Deliver for the ASA
The Advertising Standards Authority (ASA) has found the Direct Fone Warehouse to be in breach of the CAP Code. The complaint related to advertisements in national newspapers offering free X-Boxes, PS2s or DVDs to customers who bought selected phone's and tariffs. The small print stated that this offer was subject to availability, status and customers agreeing a 12 month air-time contract. A Merseyside based customer was displeased when, having purchased one of the phones to which the offer applied, he found out that his free gift would not arrive for four months.
The ASA had contacted the Direct Fone Warehouse in relation to the complaint, and were assured that a full response to the complaint would be forthcoming. However, such a response was not received. As a result of this apparent disregard of the complaint and the four month delivery time far exceeding the 30 day limit required by the CAP Code, the ASA found that the Direct Fone Warehouse had fallen short of its obligations as an advertiser. The ASA have asked the Committee of Advertising Practice to inform its members of the actions of the Direct Fone Warehouse.
BRIFFA Comment:
It is extremely important that advertisers take their obligations under the CAP Code seriously. The sanction applied in this case could have far reaching effects on the Direct Fone Warehouse. The members of the CAP include newspapers and advertising companies, and a decision such as this will make them cautious if the Direct Fone Warehouse approach them in the future. It is likely that a more lenient approach would have been taken if the Direct Fone Warehouse had responded to the complaint, even if the response was an acceptance of responsibility and an agreement to remove the advertisement.