ASA bans “misleading” JeffBet ad over unclear white-label network stipulations

White-label firm Progress Play has been reprimanded by the Advertising Standards Authority (ASA) over a misleading ad for a welcome offer for its JeffBet brand.

On 21 November 2023, a promotion was seen on the JeffBet website read: “BET £10 AND GET £30 FREE BET”.

Terms and conditions stated “New Players Only” in small text attached to the promotion, with a link included to click through to the full terms and conditions.

A single complainant, who was not eligible for the welcome offer despite being a new JeffBet customer, challenged Progress Play on the grounds the ad was misleading.

The individual was not eligible to take advantage of the offer has they had previously registered with another operator in Progress Play’s white-label network.

At the time of writing, according the Gambling Commission, Progress Play is responsible for 200 online brand domains in the UK market, including active, white-label and inactive sites.

In its response to the ASA, Progress Play said they believed there was “not enough space” to highlight the promotion was only available to customers who were new to the entire Progress Play network.

The firm noted that specific information was found in the terms and conditions, which could be read via clicking the “Full Terms Apply” text in the ad.

Those terms and conditions provided a definition of the Progress Play network, a list of brands found in the network and a note stating customers could receive one welcome bonus on the network.

As reported by the ASA, Progress Play said: “ProgressPlay Ltd t/a JeffBet said that they ensured promotional ads included as much detail as possible with regard to the terms and conditions of any promotion so that consumers could make an informed decision about whether or not to participate.”

However, the ASA upheld the complaint after determining that “material information should have been made clear in the ad”.

The regulator determined that the “New Players Only” text would be viewed by customers as a “full term or condition of the promotion” and therefore reinforced the impression that new JeffBet users could claim the offer.

On the point of a lack of sufficient space, the ASA ruled that the ad was “not constrained by space or functionality requirements, and there was ample space to state any information which would be material to consumers in relation to the offer”.

The body added that any conditions relating to the promotion that could be paramount in a customer’s decision to sign up should have been “prominently displayed”.

Additionally, the ASA decided that customers were “unlikely” to understand the Progress Play network.

In turn, the ASA noted the ad should have stated that Progress Play owns a series of websites, including JeffBet, and it should have been made clear the offer would not be redeemable had an individual already registered with another site in the network.

The ASA stated: “We considered, at a minimum, the ad should have included a prominent and accessible link to where consumers could find a list of all Progress Play-owned gambling sites.

“Because the ad gave the impression that all new JeffBet customers were eligible for the promotion when that was not the case, we concluded that the ad was misleading.”

Following its assessment, the ASA determined the ad had breached the CAP Code on misleading advertising and promotional marketing.

As a result, the regulator ruled the ad must not appear again in its current form.

The ASA also told the firm to “ensure that they did not misleadingly imply that customers could redeem a promotion if they were not eligible for it”.

Finally, Progress Play must make certain that “significant conditions” are not omitted from future promotions.