PURELY CREATIVE – An apology and clarification

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.