Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Some marketers, especially those who advertise in local directories and offer ‘call-out’ services, list local trading addresses and local telephone numbers but their offices or trading premises are located in a different area. Rule 3.1 of the CAP Code states that ads should not mislead and the ASA has ruled against those who have exploited consumers’ wishes to deal with a local tradesman and have not included authentic address information. Even if the addresses listed are serviced offices available for use by marketers or if the latter have employees or contractors in the areas covered by the directory, the ASA has concluded that ads that quote false local contact details misleadingly imply that marketers trade from the quoted addresses (Damp & Woodworm Control Ltd, 2 June 2004; CAG UK Ltd, 17 March 2004; 1st Metropolitan Locksmiths Ltd, 23 January 2002; Aaron Locksmiths, 6 February 2002, and Beverley Beck & Co, November 2000).
Tradesmen should generally list local areas, offices or phone numbers without qualification only if they correspond to permanent bases used to conduct business. If they are keen to portray the availability of a local service but do not have premises in the listed locations, marketers should provide a qualifying statement such as “we are happy to do jobs in Camden, Hampstead and Kilburn”.
The ASA took a more lenient approach when faced with complaints about an estate agent’s advertisement using local numbers alongside depicted properties. The ad did not include the word "office" or a local address but listed telephone numbers with local dialling codes next to locations. Although the advertiser did not have offices at the locations listed in the ad, the ASA considered that consumers who called a local telephone number listed next to a specific property would not be disadvantaged, because they would be channelled to a team with specialist knowledge of the local area and the properties for sale in that area. The ASA concluded that the ad was unlikely to mislead (Foxtons Estate Agents, 8 March 2006).
In 2001, the ASA upheld a complaint against an advertiser who had placed several ads in the same directory using different names; the impression was that the ads had been placed by different companies. The ASA considered that such practices exaggerated the choice available to consumers, some of whom might want to phone several companies for competitive quotes (1st Metropolitan Locksmiths Ltd, 23 January 2002).
Marketers should state if ‘local’ phone numbers are charged at a premium rate (Aaron Locksmiths, 6 February 2002).
Last modified : 03 August 2010