Hyperoptic ad banned for imitating a 'sorry we missed you' delivery card

[TrueBlueTerrier]

http://arstechnica.co.uk/business/2016/ ... very-card/" onclick="window.open(this.href);return false;

Ultrafast fibre-optic ISP Hyperoptic has been told off by the UK's advertising regulator for delivering disguised marketing materials to members of the public.

A direct mailing sent by the company earlier this year had been designed to look like one of the cards used by postal services to notify householders of an undelivered parcel. The Hyperoptic mail had the following text on it: "hyperoptic—SORRY, Your current broadband supplier couldn't deliver—" which led one recipient to complain to the ASA that the materials were not "obviously identifiable as a marketing communication."

In its defence, Hyperoptic argued that it had included text on the materials on the back of the envelope they arrived in which identified the mail-out as promotional. It added that it had included a message reading "Sent by Hyperoptic Ltd" and a return address.

However, in its ruling, the Advertising Standards Authority said it believed that the first impression to consumers would be "that the communication concerned undelivered mail"—especially if they had not seen the side which had the address panel on it beforehand. The ASA concluded that Hyperoptic had not done enough "to make it obvious that it was a marketing communication," and that the ad breached rules 2.1 and 2.3 of the CAP Code, concerning "recognition of marketing communications."

As a result of the ruling Hyperoptic is banned from using that method of direct mailing advertising, and has been told to ensure that future adverts look more like adverts.