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Posts Tagged ‘ASA’

Legal Development Watch

Monday, February 27th, 2012

Making a complaint about the advertisement of a competing business

If you wish to raise any complaints about an advertisement (or the advertising technique) of one of your competitors, you can no longer go straight to the Advertising Standards Agency (ASA).  As of 1st December 2011, you need to first approach your competitor and state in sufficient detail the factual basis for the complaint you wish to make.  You may only approach the ASA in the event you can’t reach an agreement with your competitor, and you will need to provide evidence of the fact you have made attempts to resolve the conflict yourselves.

Please note the following:

  • Bearing in mind your correspondence may later need to be provided to the ASA as documentary evidence, you may wish to send it by registered post.
  • The letter needs to have been signed or authorised by a senior officer of your business, and addressed to a senior officer of the competitor’s business.
  • If the complaint relates to an on-line marketing communication, your letter should refer to a screen shot of the page(s) or a relevant link.
  • You will need to allow five working days for a substantive response.  If they do not respond within that period, you may submit a complaint to the ASA.
  • When submitting the complaint to the ASA, ensure you include copies of all relevant correspondence between the parties.

If you have any further queries, please contact the team at Off To See My Lawyer.

Did you know that the ASA will soon begin to regulate marketing communications on your website?

Monday, February 14th, 2011

From 1 March, the Advertising Standards Authority (ASA) will begin to regulate marketing communications on companies’ own websites under the CAP Code. With that date fast approaching, CAP Copy Advice has introduced a new bespoke website audit service for advertisers who want the peace of mind of knowing that their online marketing communications are likely to comply with the mandatory rules.

Copy Advice Website Audits offer a tailored and expert assessment of your marketing communications on your website against the CAP Code with a view to encouraging and promoting compliance with the advertising rules.

The audits identify:

?         The parts of websites that are likely to feature marketing communications covered by the advertising rules

?         The broad regulatory issues raised by marketing communications on websites e.g. price claims, health and nutrition claims, availability of goods or services, environmental claims, protection of under 18s and children etc.

?         Examples of marketing communications on a company’s website that are likely to breach the CAP Code and advice about how to amend them

?         ASA adjudications or other information relevant to the potential breaches of the CAP Code identified on the website.

Copy Advice website audits are provided as a premium service. A standard audit costs £800 + VAT and takes up to 10 working days to complete. As the content and depth of each website can vary significantly, the Copy Advice team will undertake an audit only after confirming the scope of the request and the final amount payable. Non-standard requests that require more extensive resources may be subject to an additional charge.

Interested?  Please visit the Copy Advice Website Audits section to see an example of a standard Copy Advice website audit and details on how you can take advantage of this new service.

Why gamble with the ASA? Make use of CAP Services for all the help you need to comply with the Advertising Codes, from free newsletters and online tools to training events. Sign up to CAP Services now!