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“Congratulations Mrs X, you are the guaranteed winner of a cheque for £10,000”
Although not scams in the normal sense of the word, these mailings have caused problems for several people. They are the type of promotions you will find enclosed with mini catalogues, usually unsolicited.
They come in many formats with each envelope stating that ‘important documents’ are enclosed. This is a ‘Special Priority Letter’, ‘The super cheque you have already won’ and ‘your prompt reply is essential’ clearly written on the front. All gimmicks to wet your appetite.
The whole purpose of the mailings is to encourage you to place and order with the company, but all too often the way they are written leads you to believe you have won thousands of pounds, and in order to get your ‘winnings’ have to place an order. Most people don’t want the goods at all but feel that they can’t miss the opportunity of winning this ‘guaranteed’ reward.
The small print – often called Rules of Game, Terms, etc, will tell you the truth. You will know them when you find them - either on the inside of the envelope you throw away, or in a single paragraph of pale grey block capitals on the back of an insignificant slip of paper, or tucked away under a fold of paper well away from the main marketing ‘puff’. Quite off-putting, but puts the company in a legally safe position.
Usually the title of the draw will be along the lines of ‘Winner of a £10,000 cheque” so that every time they use it, they are not telling saying you are a winner, they are quoting the name of the game. Yes, you will win a cheque, as will everyone else who sends back their form, but it will only be for £1 – £1.50 and can only be used on their products – and you don’t have to place an order, you can enter the draw separately.
These sales gimmicks are used very successfully by many companies, Vital beauty, Swiss Home Shopping, Vitamail, Star Shopping, Best Of, to name but a few. These are often foreign companies often using a British P.O. box.
Trading Standards and the Office of Fair Trading (OFT) receives hundreds of complaints about this type of advertising, and are looking into taking action against several companies, and one, Vital Beauty, has signed undertaking to say they will make their literature clearer.
The new Consumer Protection from Unfair Trading Regulations, came into force earlier this year, and should be a useful tool for enforcers in making these companies change the way they advertise. As the legislation was introduced through a European Directive, it applies throughout Europe.
Below are some recent warnings in the form of case studies from Hampshire Trading Standards which can be downloaded as Word documents:
August 2008 (2 pages, 25kb)
February 2008 (2 pages, 24kb)
December 2007 (2 pages, 27kb)
August 2007 (1 page, 158kb)
April 2007 (1 page, 28kb)
October 2006 (3 pages, 28kb)
The Trading Standards Service is part of Regulatory Services, and aims to achieve a fair and safe trading environment throughout Hampshire.
Their work impacts on every resident and commercial enterprise. Trading standards officers visit, inspect, and test every conceivable type of product or service.
Consumer Advice in Hampshire is now provided by Consumer Direct South East. However, they will refer complex enquiries or those requiring further action to Hampshire Trading Standards. Consumer Direct is a telephone and online consumer advice service, that is supported by local authorities in the South East and by the Department of Trade and Industry.
A key role for this team is to minimise the impact on young people's health and the community's quality of life which can arise from the abuse of age-restricted products like alcohol, cigarettes and solvents. Business advice and enforcement are used to ensure these products aren't sold to young people. The team is committed to other community-based projects such as offering free electric blanket safety checks to the elderly and free child car seat safety checks.
Some useful website links are:
The Fair Trading team is responsible for enforcing a wide range of criminal laws, through a combination of routine inspections, special projects and advice to business. The main areas of work include dealing with:
Misdescribed goods and services
Counterfeit goods
Misleading price indications
Misdescriptions by estate agents and property developers
Mileage fraud on motor vehicles
Package holidays and timeshare
Sale of unroadworthy vehicles
Rogue and doorstep traders.
Following the increase in complaints about doorstep traders targeting the elderly and vulnerable, they have set up a quick response team.
In response to concerns about rogue traders which are often highlighted in the media, Hampshire Trading Standards has taken a ground-breaking step by putting together the Buy With Confidence Scheme. The scheme provides a series of detailed checks before being approved as a member of the scheme. Full details, and the list of approved businesses can be viewed on the Buy With Confidence website.
The Protecting Older People (POP) team is dedicated to warning older Hampshire residents of the dangers associated with dealing with uninvited doorstep sellers. More information about the Protecting Older People team can be found here.
The Food and Agriculture Team promotes and enforces food, agriculture and animal health laws.
The team works to ensure food is correctly and accurately labelled, that it contains legal ingredients and that any claims made are truthful. It also deals with national food safety alerts and issues press releases to inform local businesses and consumers about product recalls or hazard warnings.
You can find more information about the Food and Agriculture (Animal Health) Team and some useful links here.
Below are some recent warnings in the form of case studies from Hampshire Trading Standards which can be downloaded as Word documents:
October 2006 (3 pages, 28kb)
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