The ASA is NOT a government organisation.
It is NOT an 'authority'. Only government appointed agencies can call themselves an 'authority'.
It is not 'law' or an administrator of law.
It is NOT democratically appointed.
- a company.
- funded by advertisers.
It's self-appointed role is to regulate advertising and 'name and shame' those who don't abide by THEIR rules... even if those rules are wrong or poorly conceived.
Most people believe the ASA to be a government body regulating and practising advertising law. There is no such thing as advertising law.
They use the name 'authority' to give themselves authority, but if you look at government legislation, you will see that they are using the name authority without the authority to do so.
Authority - Legal definition - Business: An agency or body created by a government to perform a specific function, such as environment management, power generation, or tax collection.
They are not an authority... that being the case, stating that they are, is misleading, against their own CAP code and means they must adjudicate against themselves or change their name... if they don't, they must go on the non-compliant advertisers list and be named and shamed by themselves.
We fell victim to a trap.
1. In 20 years, we received ONE complaint to the ASA - The complaint was made by a competitor, which, according to ASA policy, should have been referred to us directly but this did not happen.
2. There were 10 phrases on one website complained of. Whilst they were ambiguous, they were not inaccurate. We changed them immediately for clarity's sake.
3. They ignored our solicitors communications with regard to the changes. Despite continued attempts to contact the ASA, they ruled that we were non-compliant.
4. As a non-compliant advertiser, we were referred to Trading Standards - Which was perfect! The Trading Standards officer Karen ****** went through very line of our website and we made a few more changes.
5. Karen ***** was asked how we could work with Trading Standards in future... she suggested we apply for Primary Authority Partnership with Trading Standards. This is a new way of becoming Trading Standards 'accredited'.
6. After months of meetings and applications... we voluntarily and very happily became Trading Standards Primary authority Partners.
We were not forced to join this programme... we felt that it would demonstrate how honest and open we are about every aspect of what we do.
The complainant uses the adjudication as evidence of deceit
The competitor who complained uses this as evidence of deceit. They bandy it about as if it's proof of a deep dark secret.
It's no secret.
The complainant has been warned by the Police for harassment and is party to a legal case and criminal legal action by the police and private prosecution. This person is obsessed with us and what we do, is a stalker, harasser and defamer.
We remove anxiety disorders... they do not. We threaten their professional integrity and their abilities - and they don't like it.
They make silly complaints so that they can then tell everyone that we are 'being investigated'.
They contact friends, acquaintances and business colleagues to report those 'investigations' to them.
They spend their lives trying to discredit us and what we do.
Justice will be served. The truth will 'out'. These trolls will not win.
Whilst they troll... we will continue to help people.
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