Catalogue order required in order to enter prize draw. Illegal?

Ann2747

My elderly father has been sent a catalogue by Spalding Bulbs, and told that he MUST order something from the catalogue in order to enter the associated prize draw. I thought that kind of thing was illegal? I'd be grateful for advice. Sorry if this is the wrong forum for this question but please point me in the right direction to get answers.

hoogervaaner

No, I don't think it is illegal, there are quite a lot of purchase necessary comps/prize draws. I believe the rules are only different for Northern Ireland as regards a no purchase necessary option.

Cornucopia

The law was changed by the last Government, and purchase-required comps are now legal.

Ann2747

Thanks for the helpful replies. I'm sorry to hear this is now legal. Spalding Bulbs send him letters which make my father think he is close to winning a big prize, then he buys things he can't afford and can't use in order (so he thinks) to get his winnings. It's depressing.

Cornucopia

It's a shame that the authorities didn't listen at the time, when they were told that this was a bad idea.

You can still complain to the ASA (about mis-conduct with the competition/mis-leading claims), and also to the local Trading Standards where the company is located. You may be able to get some of your Father's purchases cancelled. Also bear in mind that there is an automatic right to cancel within 30 days under the Distance Selling Regulations.

Somehow, the very simple principle that competitions are a promotional thing and not a business in themselves is lost upon the PsTB.

Ann2747

According to the Fraud Act 2007, if a company sends out misleading material in order to make a gain, it is an offence. I complained to the ASA about Spalding Bulbs and the Readers Digest (yes my dad thinks he is due a big win from them too) but the ASA sided with the companies because it says in the very small print that he has only won an entry into the draw. The small print is very small compared to the large headlines which imply he is a winner.
The ASA works for the companies not the consumer. They will take action over a magazine airbrushing a picture of a model, but not over companies misleading the elderly and vulnerable.

mjm3346

Ann2747 wrote: »

The ASA works for the companies not the consumer. They will take action over a magazine airbrushing a picture of a model, but not over companies misleading the elderly and vulnerable.

Just because they don't agree with you doesn't mean they work for the companies.

I cannot find your complaints to the ASA on their site, the only Spalding Bulbs one I could trace is 4 years old.

http://www.asa.org.uk/Rulings/Adjudications/2009/7/Bakker-Hillegom-BV/TF_ADJ_46514.aspx

Ann2747

I did complain, honest, and I've got the emails to prove it. In each case, the ASA sent my complaint to the company, who pointed out the small print and the ASA said they wouldn't take it further. That is probably why it didn't appear on their site.

I do feel a bit let down by the ASA but I agree, it is going a bit far to say they work for the companies. But when, as I and many other people do, watch elderly and trusting relatives believe all this marketing material, it can be very depressing.

Ann2747

By the way, if you want to see a more recent ruling on Spalding Bulbs, look for the ASA ruling on Plantiflor (their other name) March 2012. The complaint was not upheld which I found surprising when I read the detail.

(Sorry I don't know how to put up the link but it's easy to find on google)

I would just like to thank everyone who has taken the trouble to respond to me.

mjm3346

Ann2747 wrote: »

But when, as I and many other people do, watch elderly and trusting relatives believe all this marketing material, it can be very depressing.

They must be sailing as close to the wind as they can with some of the stuff that's out there but even if the ASA takes action it is usually "do not do it again".
The "auction" type tv channels seem to have complaints about them upheld every week and the "punishment"

--"The ad must not be broadcast again in its current form"--

hardly matters as they will have moved on to new products anyway.

mjm3346

Heres the link to the one you found

http://www.asa.org.uk/Rulings/Adjudications/2012/3/Plantiflor-Ltd/SHP_ADJ_175327.aspx


If they are still using the same style of wording that's probably why they took yours no further and maybe why it was not added as a new complaint.