Context
The ASA has published three rulings in relation to Freedom Debt Ltd, Dean Harrison and “Person(s) unknown” (cited as “1st Central Insurance Claimline”). All of the identified paid-for Google search ads and websites were designed in a way that made them appear as though they were the insurer. The website urls and advertising implied that the three firms / individuals were insurers / insurance firms such as 1st Central Insurance, e-sure, Hastings, Churchill, and Admiral.
Key points to note and next actions
- These Rulings form part of a wider piece of work on misleading intent and imitation in ads for accident claims management companies.
- The ads were identified for investigation following intelligence gathered by the ASA’s Active Ad Monitoring system, which uses AI to proactively search for online ads that might break the ASA’s rules and CAP Code requirements. The ASA, therefore, is clearly embracing AI technology in its work to identify misleading, unclear or unfair advertising.
- There is significant crossover between the ASA advertising requirements and FCA financial promotion requirements. Both feature the same underpinning ‘clear, fair and not misleading’ requirement.
- Firms operating in the financial services sector, particularly those where there are elements of their businesses which are not regulated by the FCA, must remember that the ASA’s requirements do not just cover regulated, financial services business.