Claims on the website, visited on 3 November 2011, read: “I can’t believe how quick and simple the whole process was … – Susan B. (Nurse, Sheffield)”.
Beneath this, the text stated: “Application process coming soon”. In the meantime, if you would like to enquire about a loan please email [email address]”.
The complainant challenged whether the ad was misleading, because he did not believe that the testimonial was genuine as the website did not appear to have an application process. MobyLoan did not respond to the ASA’s enquiries regarding the claim.
The ASA said it was concerned by the company’s lack of substantive response.
“We reminded them of their responsibility to provide a substantive response to our enquiries and told them to do so in future.”
The ASA added: “We noted that we had not seen any documentary evidence demonstrating that the testimonial was genuine. We also noted that there was no online application process on the website and that consumers had to directly contact the advertisers to enquire about a loan, by e-mail or by post.
“Because we had not seen any evidence to show that the testimonial featured on the website was genuine, we concluded that the claim “I can’t believe how quick and simple the whole process was … – Susan B. (Nurse, Sheffield)” was misleading.”
According to the ASA, the advert breached CAP Code rules 1.7 (Unreasonable delay), 3.1 (Misleading advertising), 3.45 and 3.46 (Endorsements and Testimonials).
The ASA has warned that the advert must not appear again in its current form.
