The Advertising Standards Authority has penalised a Paddy Power radio advertisement, after one complainant raised an issue with how the terms and conditions were presented.
It was challenged that the T&Cs for the ad in question, which was heard on December 12, 2021, were misleading as they “were spoken too quickly and at such a low volume that they were unintelligible”.
Featuring a conversation about football at Christmas, a voiceover heard at the end of the ad stated: “pre match online bet builder bets only. Min odds one to five per leg. Min four plus legs. Max free bet £10 per day. Excludes enhanced match odds. T’s & C’s apply. 18+. Begambleaware.org.”
In its response, PPB Counterparty Services, trading as Paddy Power, stressed a belief that the ad, which featured a bet builder promotion, had included all relevant significant conditions and ensured they did not contradict any claims previously made.
In addition, the group added that “the terms and conditions had not been sped up in post-production and they were presented without background effects to ensure full clarity”.
Furthermore, the company also stated a review had been conducted upon receipt of the complaint, and that it had “not noted any issue with the volume of the ad” as well as a belief that it met the standard specifications for UK radio broadcasters
The ASA added that the group had explained “that as the terms and conditions were read in a different voice to the rest of the ad, the volume had actually been raised for that section to take into account any dip in volume as a result of the change of speaker and any difference in tone”.
Upholding the complaint, the UK’s regulator of advertising noted: “We considered that information about the offer applying to selected online bets was material information that consumers required in order to make an informed decision. These therefore must be presented to listeners in a clear and intelligible manner.”
It further commented that the wording ‘get money back as a free bet if one leg of your bet builder lets you down. PaddyPower’ were spoken at a lower volume than the earlier part of the ad and at a much faster pace, and had therefore been delivered “in such a way that listeners would not have been able to take in their full content”.
The ad must not appear again in its current form, with Paddy Power told to ensure that significant limitations and material information were presented in a clear and intelligible manner in future offerings.
