Complaint: 17/055

Early Settler, Television

Details

Complainants
J. Williams
advertisers
Early Settler
Year
2017
Media
Television
Product
Household Goods
Clauses
Decision
Not Upheld
ASA Links
Website Listing
Decision Document

Document





COMPLAINT NUMBER
17/055
COMPLAINANT
J Williams
ADVERTISER
Early Settler
ADVERTISEMENT
Early Settler, Television
DATE OF MEETING
28 February 2017
OUTCOME
Not Upheld


SUMMARY

The television advertisement for a sale at Early Settler opened with the voiceover "It's Early
Settler's hot summer sale with up to 50% off hot summer ranges." An image of a double
bed was displayed with the text "Now $549 - 50% off".

The Complainant said they saw a television advertisement for a bed on sale at Early Settler.
The bed was discounted by 50% with a price of $539 or $579. The Complainant said they
believe the bed was falsely advertised because when they called the store the price quoted
for the bed was $999.

The Advertiser said the bed in question was on sale for $549 but the Sales Associate that
spoke to the Complainant gave the incorrect price over the phone.

The Advertiser provided information verifying that their website and point of sale signage
both had the correct discounted price.

The Complaints Board ruled the advertisement was not misleading. The Complaints Board
accepted the Advertiser's explanation that the bed was advertised at the correct price but the
customer had received incorrect information about this from a salesperson for the company.

The Complaints Board ruled the complaint was Not Upheld under Basic Principle 4 and Rule
2 of the Code of Ethics.

[No further action required]

Please note this headnote does not form part of the Decision.




COMPLAINTS BOARD
DECISION

The Chair directed the Complaints Board to consider the advertisement with reference to
Basic Principle 4 and Rule 2 of the Code of Ethics. This required the Complaints Board to
consider whether or not the advertisement contained anything which, either directly or by
implication, was likely to deceive or mislead the consumer and if it had been prepared with a
due sense of social responsibility to consumers and to society.

The Complaints Board ruled the complaint was Not Upheld.




17/055


The Complaint
The Complainant said they saw a television advertisement for a bed on sale at Early Settler.
The bed was discounted by 50% with a price of $539 or $579. The Complainant said they
believe the bed was falsely advertised because when they called the store the price quoted
for the bed was $999.

The Advertiser's Response
The Advertiser said the bed in question was on sale for $549 but the Sales Associate that
spoke to the Complainant gave the incorrect price over the phone.

The Advertiser provided information verifying that their website and point of sale signage
both had the correct discounted price.

The Complaints Board Discussion
Having considered all the information provided, the Complaints Board turned to consider
whether the advertisement had breached Basic Principle 4 or Rule 2 of the Code of Ethics.

The Complaints Board noted the response from the Advertiser and the Media.

Was the advertisement misleading?
The Complaints Board ruled the advertisement was not misleading. The Complaints Board
accepted the Advertiser's explanation that the bed was advertised at the correct price but the
customer had received incorrect information about this from a salesperson for the company.

Therefore, the Complaints Board was unanimous in its view the advertisement was not likely
to mislead or deceive consumers and had been prepared with the requisite sense of social
responsibility. The Complaints Board ruled the advertisement was not in breach of Basic
Principle 4 and Rule 2 of the Code of Ethics.

Accordingly, the Complaints Board ruled to Not Uphold the complaint.

Decision: Complaint Not Upheld




DESCRIPTION OF ADVERTISEMENT

The television advertisement for a sale at Early Settler opened with the voiceover "It's Early
Settler's hot summer sale with up to 50% off hot summer ranges." An image of a double
bed was displayed with the text "Now $549 - 50% off".

COMPLAINT FROM J WILLIAMS

Current early settler as that ran last night (19/1/2017) at approx 9pm. Ther sale shows the
picture of a bed with a price on the screen and a discount % of 50. The price was $539 or
$579. Yet when I called the store that exact bed was $999. How can they show a price with
an image, and that not be accurate. It's false.

CODE OF ETHICS

Basic Principle 4: All advertisements should be prepared with a due sense of social
responsibility to consumers and to society.

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17/055
Rule 2 Truthful Presentation: Advertisements should not contain any statement or
visual presentation or create an overall impression which directly or by implication,
omission, ambiguity or exaggerated claim is misleading or deceptive, is likely to
deceive or mislead the consumer, makes false and misleading representation,
abuses the trust of the consumer or exploits his/her lack of experience or knowledge.
(Obvious hyperbole, identifiable as such, is not considered to be misleading).

RESPONSE FROM ADVERTISER: EARLY SETTLER

The product in question was on promotion at the time the complainant called the store and
enquired about the price. It was on sale for $549 which was 50%+ off the RRP price of
$1049. Unfortunately, the Sales Associate that answered the telephone call gave an
incorrect price over the phone. They recalled the RRP of the product 2 years ago when it
was previously stocked in store. Our website and point of sale signage had the correct price
of $549. It wasn't included in the catalogue for this promotion as stock levels were low at the
time of printing. The TVC was done pre-Christmas which was why it remained in the TV ad. I
have attached the previous promotion catalogue (Biggest Sale of the Year) which shows the
correct promotional price. I have also attached the PDF of pricing tickets that were used in
stores for the Hot Summer Sale Promotion. Page 75 has the price ticket for the Chelsea
Queen Bed.

RESPONSE FROM MEDIA: COMMERCIAL APPROVALS BUREAU

The commercial promotes the January sale at Early Settler furniture stores.
A complainant writes that a price stated in the advertisement was not available in-store.
Since this is essentially a service issue, CAB will defer to the advertiser for response.

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