Advertisment
A website offering private tuition in various subjects for students referred to the following:
“Student Pass
Non-Binding Monthly Subscription €39
Your card is only fully debited if {Name of tutor} accepts your request. Their 1st lesson is free…”
Complaint
The complainant considered the advertising claim that a card would only be fully debited if the requested tutor accepted their request was misleading. The complainant said that a request had been made to book tuition with a specific tutor and after being advised that the requested tutor was not available, unsolicited offers from five other tutors were received and the payment card debited.
Response
The advertisers said that when a student made a lesson request and their first-choice tutor was not available, their system contacted alternatives with similar profiles to try and find a suitable replacement. This was called the rematching process which was implemented to maximise the chances of their members finding someone they would like to work with. If a member did not wish to receive these alternatives, they could contact the support team, at which point they would personally help them with their search or cancel the initial request for lessons. If the alternatives were not suitable, the advertisers said they also invited users to contact them to let them know why, this allowed them to fine-tune the rematching process and improve their service.
The advertisers outlined that in cases where they were not able to find a suitable tutor, they were happy to refund the member any charges they may have incurred for their Student Pass.
Conclusion
Complaint Upheld.
The Complaints Committee considered the detail of the complaint and the advertisers’ response.
The Committee noted the advertisement had stated that a payment card would only be debited if a requested [named] tutor accepted the request for tuition. As other tutors had automatically been matched to the request and payment taken, the Committee concluded that the advertising was misleading and in breach of Sections 4.1 and 4.4 of the Code.
