Back in
early November we wrongly reported in our editorial blog From my Hat to my
Shoes, that PPP had levied a fine of £800,000 against a company
called Purely Creative for a misleading scratchcard campaign that attracted 15
complaints. This was wrong. The company fined £800,000 by PPP was in fact
Churchcastle Ltd. NOT Purely Creative.
Churchcastle
was fined for a newspaper campaign that used a PRS number to claim prizes for
word search competitions which racked up huge phone call costs. The company
also bombarded people with up to four promos a month.
Purely
Creative was not involved in this at all. Purely Creative is looking to
minimise the effects of a harsh European Courts of Justice (ECJ) ruling on PRS
promotions that it feels we're made "by the ECJ based on what Purely
Creative sees as the wider implications of the ECJ’s extreme interpretation of paragraph 31 of Schedule 1 to
the Unfair Commercial Practices Directive implemented in the UK by the Consumer
Protection from Unfair Trading Regulations 2008.
Purely
Creative seeking to try and get the effects of this minimised as it effects the
whole PRS industry.
The basic
question before the ECJ was very specific: it concerned whether, if a consumer
has been told he or she has won or will win a prize, it is a breach of the law
if the consumer has to or may incur any cost whatsoever in claiming that prize.
The ECJ said ‘yes’, even if it is the cost of a local rate telephone call, a
short bus ride or a postage stamp.
The ECJ’s interpretation will have an operational impact on all
businesses and charities in the European Union that operate promotions that
offer prizes. National Lotteries are not exempt. As such we are surprised by
the scope of the ruling and believe that other businesses and institutions will
be equally surprised once they become aware of the full implications.
In
October the ECJ upheld its ruling. More on this in January.
Once
again, apologies to Purely Creative who were not fined by PPP and have never
been so.