Latest by Oliver Bray

Blog

Taking it personally – retailers using hyper-personalisation to target consumers in the digital age

Published on 22 October 2019. By Oliver Bray, Partner and Amber Oldershaw, Trainee Solicitor

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In a modern day society widely dubbed as 'The Digital Age', corporations must compete like never before to capture a fluid market seeking instant gratification.

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Avatar Alert! ASA uses child avatars to tackle irresponsible ads targeted at children

Published on 15 October 2019. By Oliver Bray, Partner and Victoria Noto, Associate

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The ASA is proactively using avatars (which mimic child-like behaviour) to identify when age-restricted ads (gambling, alcohol, HFSS etc) are being irresponsibly targeted at children. The introduction of this new technology has already had an impact on ad monitoring and enforcement.

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Retailers: No more need for a customer telephone number?

Published on 19 September 2019. By Oliver Bray, Partner and Adam Williamson, Paralegal

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In the proceedings brought by the German federation of consumer associations against Amazon, the Advocate General found that a retailer does not have to provide a telephone number as long as the consumer can contact the retailer quickly, the information provided is clear and accessible and communication can happen effectively.

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Using was/now price reductions

Published on 03 September 2019. By Oliver Bray, Partner and Nandeep Judge, Paralegal

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A recent ASA decision against Zestify Media has confirmed that a “WAS” price must represent a genuine saving when compared with a “NOW” price. This means checking that sales were actually made at the higher price during the relevant period and ensuring you don't advertise the lower price for materially longer than the higher price.

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Auto-renewals and other consumer terms under the spotlight

Published on 28 August 2019. By Oliver Bray, Partner and Alyson Lloyd, Senior Associate

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The CMA has launched an investigation into potentially unfair terms in online gaming customer terms and conditions, such as auto-renewals, cancellation processes and discretion to alter clauses.

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Lidl held to mislead consumers with cheesy price comparison

Published on 08 August 2019. By Oliver Bray, Partner and Charlie Gould, Trainee Solicitor

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When looking at Lidl's price comparison ad, which compared a number of prices of products with Morrisons, the Advertising Standards Authority found that if a retailer knows their competitor is offering a price promotion on a product, it can’t use the competitor’s normal higher price to make the comparison. This applies even if the backdrop to a savings claim is a year-long price comparison.

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Carlsberg in the clear on the inappropriate targeting of under-18s

Published on 22 July 2019. By Oliver Bray, Partner and Alyson Lloyd, Senior Associate

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What steps do you need to take to ensure that age restricted products do not target the wrong audience?

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Guidance on misleading "faux fur" claims in clothes and accessories

Published on 09 July 2019. By Oliver Bray, Partner and Stuart Harris, Associate

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The Committee of Advertising Practice (CAP) has issued an Enforcement Notice advising that retailers should be careful as to how they may unwittingly advertise products as "faux fur" when they may actually contain real animal fur.

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Retailers: beware the ban on gender stereotyping

Published on 19 June 2019. By Oliver Bray, Partner and Victoria Noto, Associate

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The Committee of Advertising Practice (CAP) has introduced a new rule, accompanied by Guidance, to combat negative gender stereotyping in ads. The test now (or rather from 14 June 2019 when the new rule comes into force) is whether the ad is "likely to cause harm" – a far lower threshold than the previous test of "widespread or serious offence".

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Artificial Intelligence, collaboration with online platforms and tackling the 'Wild West': How the ASA plans to make its impact online over the next 5 years

Published on 11 January 2019. By Oliver Bray, Partner and Victoria Noto, Associate

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Given that online adverts made up 88% of all adverts where action was taken by the ASA in 2017, it is unsurprising that the regulation of online advertising is central to the ASA's strategy for the next 5 years.

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#Ad-vice for Influencers and Brands: how to comply with CAP's new Influencer's Guide

Published on 26 October 2018. By Oliver Bray, Partner and Victoria Noto, Associate

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To help influencers and brands comply with the legal requirements around influencer marketing the CAP issued An Influencer's Guide to making clear that ads are ads, developed in conjunction with the CMA.

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"Content is fire, Social Media is gasoline" – Court of Appeal considers the challenges for interim injunctions in the digital age

Published on 17 July 2018. By Oliver Bray, Partner and Georgia Davis, Legal Director

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The Court of Appeal has upheld part of an interim injunction granted to Australian sportswear company Frank Industries which restrained Nike from using the sign LDNR in its “Nothing Beats a Londoner” advertising campaign.

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Blocking the blockers: EU prohibits network-wide ad-blocking

Published on 12 September 2016. By Oliver Bray, Partner

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Mobile phone operators' plans to introduce network-wide ad-blocking technology are in jeopardy following new guidance from EU telecoms regulators, a move which highlights the divide between content providers and telecoms companies in their attitude towards ad-free content.

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Do you know you're being tracked?

Published on 05 October 2015. By Oliver Bray, Partner

Do you own a smart phone? Do you always have WiFi enabled? If your answers to both these questions are yes, your movements were most probably tracked on your way into work today.

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Digital content under the new Consumer Rights Act

Published on 14 May 2015. By Oliver Bray, Partner

The Consumer Rights Act 2015 (CRA) comes into force on 1 October 2015. It will reform consumer law in the UK, in particular by setting up new consumer rights and remedies in respect of digital content.

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ICO fines online travel insurer £175,000 for failing to keep customers’ personal information secure

Published on 03 March 2015. By Oliver Bray, Partner

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The Information Commissioners Office (the “ICO”) has fined Staysure.co.uk Limited (“Staysure”), an online travel insurance company, £175,000 for its failure to comply with the seventh data protection principle, after IT security failings allowed hackers to access up to 100,000 customer financial records.

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