rainbowtrax wrote: "...the popup doesn't stipulate but it does say "T&C's apply" as a link. You need to click on that T&Cs link so I'm pretty sure that it complies with ASA regs."
Regulations are often open to interpretation but how CAP/ASA words its Rules and guidance plus documented enforcement action seems to indicate that a 'T&Cs apply' link alone is inadequate, especially here where I've read it's a 2-step link. Relevant rules: CAP Code* Rule 3.1 (misleading advertising) and Rule 8.17/8.18 (promotional conditions and how to participate). The ASA has ruled against uses of only 'T&Cs apply' or hidden links where the limitation was material or not sufficiently prominent/linked - cases are cited in CAP* guidance.
Significant conditions (e.g. minimum spend) which would affect a consumer's understanding of the offer must be, according to CAP*/ASA** "clear and with sufficient prominence". So I've amended the advert and attach it: I've added "Minimum spend applies" and drawn attention to the T&C's link and why. So as not to look sneaky, eBay should make the link's letters and font more noticeable.
(I think the advert's new point 5 should read "Minimum spend and other faff applies".)
A pop-up advert demands attention and quick action in a way that a static in-page advert doesn't. The onus should NEVER default to the consumer needing to speculate, especially in a hurry, if and how they're being played. Consumers shouldn't have to wonder what major T&Cs they're not being told about up-front.
The impression counts. Look at the confusion and hassle shown in this thread. How many others sitewide are having problems with the offer? As a result, is a customer more likely or less likely to trust eBay in future?
* CAP is the Committee of Advertising Practice, the body that writes this country's advertising rules. Those rules, the CAP Code, are enforced by the ** Advertising Standards Authority (ASA).
