Santander breach promotion rules
Written on 10/08/2018

It can happen to the biggest. On 3 May 2017, Santander were fined for advertising breaches by the ASA. This may well also trigger FCA investigation.  Do you get your promotions checked?

A viewer complained about a TV advert because the representative annual percentage rate (APR) was not given adequate prominence as required. The ASA upheld the complaint. The APR was present along the bottom of the screen for half of the advert's duration. The ASA said that part was okay – the size of the text and duration was compliant.

However, the ASA said that it was onscreen during a scene in a shop that was verbal and captivating and distracting from the APR message. 

It is surprising that ASA prosecuted using the FCA’s CONC rulebook as a touchstone of what is acceptable. It also shows the regulatory risk in business today – a point picked up in the release yesterday of the conservative manifesto.

A word search for “regulation” in the May 2017 Conservative Manifesto shows that businesses like ours can expect considerably more regulation and central government control at least for the assumed next government.  And in case you missed it, the introduction states â€œWe do not believe in untrammelled free markets”.

The best way  you can insulate your business against promotion breaches is by logging your promotions using Bat regulatory technology

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