ASAI - [Advertising Standards Authority For Ireland]

krpc

Hi,

I hope this is the correct forum for raising this topic.

I have input a complaint to the ASAI regarding a false advertising campaign by an advertiser. I put the complaint forward on 25 Jan 2010.

It's almost 4 months later and the issue is still not resolved. The ASAI code states that the advertiser has 10 days to respond to a complaint.

In short, ASAI could not get in contact with the advertiser for the 1st month or so as the firm had moved location. I might add, it took the ASAI from 25 Jan 2010 until 18 March 2010 to simply forward the complaint (via e-mail) in question. I contacted the ASAI two weeks ago and spoke with two different representatives who expressly told me no contact had been received from the advertiser and the formulation of a case report would follow. Basically, a case report in this instance is where a recommendation is given before a complaints committee on how to rule on the matter.

I called again yesterday to inquire about the status of this so called case report only to be told by another representative that still no contact had been received from the advertiser and as a last measure, in the interest of "fair process" that they would be sending a registered mail to the advertiser to give them one final chance to respond. Furthermore, they had sent me out a letter explaining the delay.

Once the telephone call had ended, I did receive the mail in the post. I was stunned to find out that contrary to the information I had been provided by three representatives, the advertiser had been in contact and in fact had asked for extra time to address the complaint. This occurred around the first week in April (07 April 2010).

So, I called back and spoke to the representative (you have no idea how much I wish to name and shame her!! Horrible snooty so and so ...) I was speaking with and basically asked what was going on ... why I had been provided with inaccurate, misleading, untruthful information. I was advised that yes the advertiser had been in contact, yes they had asked for additional time to respond to the complaint, no they had not responded, but in the interest of "fair process" they are going to try make contact again. All the while, in the ASAI's own code it clearly states that the advertiser has 10 days to respond. It seems to me that the ASAI are simply pandering to the advertiser (a large national company).

OK, fair process ... but for who? Clearly not for me who has had to endure this total fiasco for almost 4 months? It also seems that this "code", as ASAI puts it, is little more than some text on a website without any true meaning as they seemingly don't bother to adhere to it themselves.

I was lastly advised that ASAI is an independent body - it governs itself and is answerable to no one. Furthermore, I can not appeal this issue of extra time that has been granted to the advertiser. Go figure.

Has anyone else experienced something like this, and how did they go about addressing it?

dudara

I have dealt with the ASAI before, and have never found them to be anything less than transparent and fair. It took about 3-4 months in total for my complaint to be resolved.

But who knows, mistakes etc do happen.

RangeR

The Advertising Standards Authority for Ireland is the independent self-regulatory body set up and financed by the advertising industry and committed, in the public interest, to promoting the highest standards of marketing communications, that is, advertising, promotional marketing and direct marketing.

I don't see how the ASAI can legally enforce its recommendations. It has no powers.

They appear to operate better than SIMI but I'm sure when push comes to shove, things can be sidelined, if the advertiser is big enough.

BurnsCarpenter

It might be an idea to try the National Consumer Agency if you're not getting anywhere with the ASAI. They actually have statutory powers to take action against misleading advertising.

jor el

RangeR wrote: »

They appear to operate better than SIMI but I'm sure when push comes to shove, things can be sidelined, if the advertiser is big enough.

Any advertiser can ignore the ASAI, and they frequently do. Just look at the ASAI's bulletins and you'll see the same culprits time and again with the same offence.

If the company is doing anything illegal, like deliberately misrepresenting or misleading customers, then the NCA can take action.

krpc

Thanks a lot for the feedback and advice - it's much appreciated. I will input a complaint to the NCA tomorrow, out of principle.

I did notice though that the name Advertising Standards Authority for Ireland in itself appears to be misleading, as the organisation do not have actual authority over anyone but themselves! :pac: