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Home Rulings DISCOVERY HEALTH CREDIT CARD / M WATSON / 2018 – 7236F

DISCOVERY HEALTH CREDIT CARD / M WATSON / 2018 – 7236F

Mr Watson lodged a consumer complaint against the Respondent website advertisement for cash back programme on its App. 

The advertisement states, inter alia, 

"These are the conditions for Sunglass Hut Rewards. Please make sure you have read and understood them as well as the rules of the Discovery Card rewards programme”.

It states further the following:

"What is this reward?”

"Who may use it?”

"What you pay”

"How it works”

    

COMPLAINT

The complainant argued that he did not receive the 10% cash back as advertised. He stated that the Respondent claimed that its "Cash Back” programme ended on 31 October 2017. On 23 January 2018 the Respondent’s App still stated that Sunglass Hut is a cash back partner. 

RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE

In light of the complaint Clause 4.2.1 of Section II (Misleading claims) was taken into consideration.

RESPONSE

The respondent submitted that the current website and the application content regarding its partners are correct. The page that the Complainant referred to is no longer on its website.

The Respondent submitted that the Complainant performed a Google search, (Sunglass Hut Discovery) and the old Sunglass Hut page appeared. This was due to internal error where the old website page was not expired correctly. This is in the process of being rectified.

It submitted that Sunglass Hut became one of its Discovery Miles Multiplier Partners on 1 November 2017, where clients can earn up to 10x more Discovery Miles, depending on their Vitality status.

The Respondent pointed out that it has contacted Mr Watson and issued R250,00 Pick ‘n Pay voucher to compensate for any inconvenience he may have suffered. The Complainant has accepted the voucher and satisfied with the outcome.

ASA DIRECTORATE RULING

The ASA Directorate considered all the relevant documentation submitted by the respective parties.

The Respondent submitted that the page that the Complainant referred to is no longer on its website. It attributed the Complainant still being able to access it to an internal error where the old website page was not expired correctly.

A search into the Respondent’s Facebook page and the website reveals that the claim complained of is no longer in use. The removal of the webpage appears to address the concerns raised in the complaint. The Complainant was also issued with a Pick ‘n Pay voucher and has apparently accepted it.

The ASA has a long standing principle which holds that where an advertiser provides an unequivocal undertaking to withdraw or amend its advertising in a manner that addresses the concerns raised, that undertaking is accepted without considering the merits of the matter. The respondent’s undertaking to remove the advertisement appears to address the complainant’s concerns and there is therefore no need for the Directorate to consider the merits of the matter. 

Accordingly the undertaking is accepted on condition that the advertising in its original and complained of format is not used again in future.


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