0381 - The Speed of T&Cs

2022.01.16 – S2016 – 0381 - The Speed of T&Cs

These ‘disclaimer statements’ are often heard at the end of an ad … so, after the enticing offer comes the ‘boring bit’ and information on the limitations.

Let’s be honest, the client doesn’t want to highlight this detail and certainly doesn’t want to spend vital airtime having it read at the same speed as the main deal.

But in 2008 the UK’s Advertising Standards Authority ruled[1], perhaps not unreasonably, that disclaimers on radio adverts must be read out slowly enough for people to understand them.

It’s after a Vodafone advert, promoting a mobile phone package that included "unlimited" phone calls, ended with the following qualification:

"Subject to status, availability and connection to 18-month contract. Unlimited calls to landlines or Vodafone Mobiles only. Fair-use policy, terms and 60-minute call cap applies."

A listener said they didn’t understand what was said. Vodafone said that it was usual to summarise qualifications to claims or offers in radio adverts in this way and the qualifications were read out by an actress in her natural voice and were neither speeded up in post-production nor spoken any more quickly than those in similar adverts that needed to convey a number of points (such as those relating to financial services products). They also said, again not unreasonably, that the CAP (Broadcast) Radio Advertising Standards Code (Code) made no specific mention of the speed at which qualifications should be spoken.

But the ASA disagreed, saying that as they were delivered too quickly, the important terms and conditions were not clearly audible and the advert could mislead listeners, contrary to rule 3 of their Code.

Then in 2017, another communications company, Plusnet, had its radio ads banned[2] for saying terms and conditions too quickly. One ended with this 25-word disclaimer, crammed into five seconds[3]:

"Prices may change. 18 month contract. New customers in low-cost areas only. Traffic prioritisation applies. See plus.net/traffic. Terms apply."

Another concluded:

"Standard UK minutes and texts. Prices may change. Rolling monthly contract. Offer ends 14th of March. Terms apply. See Plus.net/mobile."

[1] https://uk.practicallaw.thomsonreuters.com/1-383 946?transitionType=Default&contextData=(sc.Default)

[2] https://www.campaignlive.co.uk/article/plusnet-radio-ads-banned-saying-terms-conditions-quickly/1435011

[3] Hear that advert here: https://soundcloud.com/simon-gwynn-737111524/plusnet-radio-ad?utm_source=clipboard&utm_campaign=wtshare&utm_medium=widget&utm_content=https%253A%252F%252Fsoundcloud.com%252Fsimon-gwynn-737111524%252Fplusnet-radio-ad

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