The Advertising Standards Authority has found that a law firm specialising in flight delay claims breached some of the watchdog’s rules after complaints from Loganair.
A page on the Flight Delay Claim website implied that passengers of flights cancelled or delayed over three hours were guaranteed compensation and did not make clear that there were advertiser’s fees or that consumers could only apply for compensation for Loganair flights through their service if they had first complained to the airline.
Three issues were investigated, with one being upheld, and the others upheld in relation to some of the advertisements.
The complaint about Versus Law, which trades as Flight Delay Claim, related to a page on the Flight Delay Claim website and four tweets on the Flight Delay Claim Twitter page, seen in January 2023.
The first tweet stated: “Did you fly with Loganair? Were you on flight LM453 on 30th January 2023 from Glasgow Airport to Tiree Airport? You maybe [sic] due €250 compensation! … Claim Now: flightdelayclaim.com.”
The second tweet said: “Loganair compensation Alert! Were you on flight LM452 on 29th January 2023 from Barra Airport to Glasgow Airport? Claim €250 each! … Claim Now: flightdelayclaim.com.”
The third tweet featured text that said: “Loganair CANCELLED again! Were you on flight LM456 on 30th January 2023 from Barra Airport to Glasgow Airport? Claim €250 each! … Claim Now: flightdelayclaim.com.”
The fourth tweet featured text that said: “Did you fly with Loganair? Were you on flight LM457 on 30th January 2023 from Glasgow Airport to Tiree Airport? Claim for your flight delay! …Claim Now: flightdelayclaim.com.”
The website page stated: “Recent Flight Delays … We update our Recent Flights Delays page every day to ensure you know which flights have been delayed or cancelled. All of the recently delayed flights have been checked and verified by our team and in many cases have already had successful claims made against the airlines. If your flight is not displayed do not hesitate to use our online claim form and we can check it for you.”
The page then displayed a list of Loganair cancellations or delays in date order and included flights LM452, LM453, LM456 and LM457 and stated “CANCELLED Claim Now”.
Loganair challenged whether the ads were misleading because they implied compensation was guaranteed, whereas the flights in the ads were cancelled due to adverse weather conditions, which rendered them ineligible for compensation; implied that third parties could make an initial claim for compensation; and did not make reference to the advertiser’s fees.
Versus Law said it would amend the text in future tweets to be more conditional about the amount that could be claimed.
On the issue of third parties, the law firm said it would provide advice and assistance and ask passenger to return to Versus Law if the airline disputed the initial claim.
Versus Law also told the ASA that the tweets need not include its fees, because it was not material information. It explained that prior to engagement all consumers would be advised of the fees and to provide that information at the outset would be unworkable.
The ASA said: “The ads must not appear again in the form complained of. We told Versus Law t/a Flight Delay Claim to ensure that future marketing communications did not state or imply that passengers of flights cancelled or delayed over three hours were guaranteed compensation and made clear that consumers could only apply for compensation for Loganair flights through Versus Law’s service if they had first complained to the airline.
“Future ads that mention a potential compensation amount should also make clear the advertiser’s fees.”
A Loganair spokesperson said: “Loganair raised concerns with the ASA about some misleading online advertisements in relation to compensation for delayed services.
“We are very happy with their decision to uphold the majority of our complaints, helping to protect our customers against misleading information.
“Any of our customers who have questions about compensation for delayed or cancelled flights should always contact our customer help centre in the first instance.”
A statement from Versus Law said: “We respect the decision of the ASA and will abide by the standards in all future advertisements. We believe that consumers should have the choice of whether to be legally represented at all times, regardless of the small print contained in airlines terms and conditions which try to restrict the consumer, and will continue to champion the rights of those that have had their travel plans disrupted.”
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