ASA Adjudication on Postgoldforcash Ltd
Postgoldforcash Ltd
Suite 7–8, Waterloo House
The Fleets Corner Industrial Estate
Poole
Dorset
BH17 0HL
Date:
1 February 2012
Media:
Internet (on own site)
Sector:
Financial
Number of complaints:
1
Complaint Ref:
A11-159542
Ad
Claims on a website and envelope for PostGoldForCash.com, seen in May 2011:
a. The website, PostGoldForCash.com, stated "SELL YOUR GOLD FOR CASH! ... We pay more than our major competitors! ... Get your cash in 48 hours! WE CAN PAY MORE. A leading independent research company conducted a mystery shopping exercise with the top 6 postal gold buyers, using identical amounts of 9ct gold". A table of comparison showed the price offered for the 9ct gold by PostGoldForCash.com and five competitors, one of which was Tesco. The price offered by Tesco was £85, whereas the price offered by PostGoldForCash.com was £89. Small print in the table stated "Final best price average offers - using an identical amount of 9ct gold jewellery - across 32 separate independent transactions in April 2011". Further text stated "We buy absolutely all types of gold, silver and platinum!" On a separate webpage, under the heading "Common Questions", text stated "Do you buy gold dust/gold leaf? No, we do not". On another webpage, under the heading "What We Buy", text stated "We are the leading gold buyers [sic] uk ... ".
b. The envelope, which was left by agreement in some retail outlets for customers to take, stated "postgoldforcash.com ... FREE GOLD SELLING PACK. WE PAY OVER DOUBLE GUARANTEED. NO. 1 GOLD BUYER. We pay top prices for ALL types of gold, silver & platinum ... even if it's broken or has parts missing!"
Issue
Tesco Stores Ltd (Tesco) challenged whether:
1. the claims "We are the leading gold buyers [sic] uk" in ad (a), and "NO. 1 GOLD BUYER" in ad (b) were misleading and could be substantiated;
2. the claim "We pay more than our major competitors!" in ad (a) was misleading and could be substantiated, because Tesco's own research indicated that PostGoldForCash paid a lower price than Tesco;
3. the claim "WE CAN PAY MORE. A leading independent research company conducted a mystery shopping exercise with the top 6 postal gold buyers using identical amounts of 9ct gold ... PostGoldForCash £89 ... Tesco £85" in ad (a) could be substantiated;
4. the claim "We buy absolutely all kinds of gold, silver and platinum!" in ad (a) was misleading, because a statement in the section headed "Common Questions" clarified that PostGoldForCash did not buy gold dust or gold leaf; and
5. the claim "We pay over double guaranteed" in ad (b) was misleading, because the basis of the comparison was not explained.
CAP Code (Edition 12)
Response
1. Postgoldforcash Ltd (PGC) did not believe the claims "We are the leading gold buyers [sic] uk" in ad (a), and "NO. 1 GOLD BUYER" in ad (b) were misleading. They maintained they were the leading postal gold buying company in the UK as they bought over £1 million of gold, other precious metals and gemstones each month. They said they had been rated the number one gold buying company on the BBC One Show, and their own independent market research showed they were number one for service as well as price. They provided their own summary of the results of the One Show survey.
2. & 3. PGC did not believe the claim " WE CAN PAY MORE" was misleading. They explained they had commissioned an independent mystery shopping exercise to compare the final best prices that they paid for gold, against those paid by their largest competitors, including Tesco. They maintained that their independent research company received four best price offers from Tesco in March 2011: £88.74 (on 23 March), £82.25, £82.55 and £85.68 (on 27 March). They said they took the average price paid by Tesco which was £84.41 and rounded it to £85, rather than quoting their lowest offer. They considered that an average best price would give a fair benchmark and would also minimise the effect of any daily fluctuations in gold prices.
They provided an overview of the methodology used for the mystery shopping exercise, a spreadsheet showing the results and two letters from Tesco to one of the mystery shoppers.
4. PGC maintained that gold dust and gold leaf were not actually gold. They said the word 'gold' in the context of gold dust and gold leaf was a description of the colour of the item. They said gold leaf was a decorative item. They did not believe the claim "We buy absolutely all kinds of gold, silver and platinum!" in ad (a) was misleading because they did buy all types of real gold.
5. PGC did not believe the claim "We pay over double guaranteed" in ad (b) was misleading. They explained that the envelope was not a standalone item and it contained a letter explaining to the customer how the price comparison had been calculated. They did not believe the claim was the primary message on the envelope. They said they were not using this claim to attract customers, it was a supporting message designed to encourage the customer to read further, where they would then see the substantiation for this claim.
Assessment
1. Upheld
The ASA considered that the claims "We are the leading gold buyers [sic] uk" in ad (a), and "NO. 1 GOLD BUYER" in ad (b) were market-leading claims and would be interpreted by consumers to mean that PGC purchased more gold than any other gold-buying company in the UK. We considered that PGC's summary of the BBC's One Show survey which, according to PGC, compared the amount quoted by PGC and three other gold-buying companies for an identical amount of gold jewellery, did not substantiate the claims. We therefore concluded that the claims were misleading.
On this point, the claims in ads (a) and (b) breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising) and 3.7 (Substantiation).
2. & 3. Upheld
We considered the results of the mystery shopping exercise and the spreadsheet showing the results. The aim of the exercise was to compare the best prices quoted by PGC and six competitor companies for an identical weight of 9ct gold. Each mystery shopper requested gold return packs from each company through their website and followed the instructions to send their gold to the company in question. On receipt of a quotation from the company, the mystery shoppers contacted the relevant company to achieve the best price. Initial valuations were refused and the mystery shoppers tried to get a higher offer from the company until a final offer was received.
We noted that the mystery shoppers requested their gold packs on different dates, posted their gold on different dates and received their quotations from the companies sampled on different dates. We considered that daily fluctuations in gold prices would have likely influenced the results and we considered that a more robust methodology would have ensured that packs were requested and returned on the same date so as to minimise the effect of fluctuating gold prices on the results, although we recognised that the mystery shoppers would have had no control over when the companies provided their quotes. We noted that PGC had provided a graph showing the daily fluctuations in gold prices during part of the period which showed a 4% swing across that period. We considered that because the quotes provided by the companies surveyed were given to the nearest pence, even slight daily variations in gold prices could have affected their relative ranking in the price comparison.
We also noted that PGC did not offer the highest average best price; their average best price was £89.25 whereas the average best price for another competitor was £100. We also noted that PGC's best final offer was £88.74, whereas the same competitor in question gave a final offer of £100. It was also evident from the spreadsheet that certain companies did not provide any quotes. We therefore considered that the methodology used in the mystery shopping exercise was not sufficiently robust and noted that the results actually showed that one of PGC's other competitors gave the highest average best price and final offer.
We considered the two letters from Tesco to one of the mystery shoppers. We noted that one letter offered a price of £83.16 for the gold, and a subsequent letter offered a price of £85.68, which was presumably the final price although the letter did not state this. We noted that PGC did not provide similar letters from Tesco to the other mystery shoppers, even though the spreadsheet indicated that Tesco had made offers to three other mystery shoppers. We also noted that Tesco disputed two of the figures contained in the spreadsheet and maintained that it had never offered those amounts to customers. We therefore considered that the spreadsheet alone was not adequate substantiation.
For these reasons, we considered that the claims "We pay more than our competitors!" and "WE CAN PAY MORE. A leading independent research company conducted a mystery shopping exercise with the top 6 postal gold buyers using identical amounts of 9ct gold ... PostGoldForCash £89 ... Tesco £85" in ad (a) had not been substantiated and were therefore misleading.
On these points, the claims in ad (a) breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising), 3.7 (Substantiation), 3.11 (Exaggeration), 3.38 (Comparisons with identifiable competitors) and 3.40 (Price comparisons).
4. Upheld
We noted PGC's comments that they considered gold leaf and gold dust were not real gold. However, we noted that they had not provided any evidence to show this was the case and we understood from the Assay Office that gold leaf and gold dust were real gold. We therefore considered that the claim "We buy absolutely all kinds of gold, silver and platinum!" in ad (a) was misleading, because a statement in the section headed "Common Questions" clarified that PGC did not buy gold dust or gold leaf.
On this point, the claims in ad (a) breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising), 3.7 (Substantiation) and 3.11 (Exaggeration).
5. Upheld
We noted PGC's comments that the claim was not a standalone claim and contained a letter confirming how the price comparison had been calculated, although we had not seen this. However, we noted that the claim was not immediately qualified to explain how the price comparison had been calculated or who the comparison was with. We considered that PGC could not rely on information contained within the letter to explain the basis of the comparison because there was no signpost on the envelope directing consumers to look inside for further details and it was not obvious where this information could be found. We therefore concluded that the claim "We pay over double guaranteed" in ad (b) was misleading, because the basis of the comparison was not explained.
On this point, the claim in ad (b) breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising) and 3.11 (Exaggeration).
Action
The claims in ads (a) and (b) must not appear again in their current form. We told PGC to ensure that they hold adequate substantiation for, and make clear the basis of, their price comparison claims in future.