23 January 2009 Media Release Car credit ads still failing say Trading Standards A survey by 18 of Scotland’s local authorities of car dealers’ ads has found that a worrying level of adverts do not comply with the law covering credit advertising. The regulations are designed to ensure that the information about the type of credit facility which they are offering is clear and understandable. The survey, which was co-ordinated by The Society of Chief Officers of Trading Standards in Scotland (SCOTSS), examined advertisements placed by motor dealers in newspapers and found that 77 out of 168 (46%) did not comply with the Regulations. Breaches ranged from using confusing language to a lack of required information such as additional fees which added to the cost right up to misleading information about the comparisons used. The regulations state that a credit advertisement should use “plain and intelligible language”, “be easily legible”, and specify the name of the advertiser. Some of the advertisements surveyed did not meet even these basic criteria. If a car advert offering credit includes repayment information, according to the regulations, it must also state the “typical APR” (Annual Percentage Rate of Charge). The Advert must also publish the “typical APR” if it specifies another rate, includes an incentive to buy credit, uses comparative terms, or indicates that credit is available to the “non-status” market. The regulations also say that the company must give the APR which applies to most of the agreements a prominent position in the advert. David Thomson, Chair of SCOTSS, commented: “Whilst we congratulate the 91 advertisers that got it right, it is a concern that, four years after the regulations came into force, there are still so many non-compliant advertisements. 37 of the 168 advertisements failed to include the typical APR, which allows a consumer to compare different credit offers. A number of infringements were considered minor and advice was provided to advertisers and publishers, in other cases four advertisements were considered misleading and another six are under further investigation.” “We advise consumers to shop around for credit in the same way that they do for a car or other goods and services; the typical APR is a useful comparison, but consumers should also look at the total cost of the proposed deal, including the part-exchange amount, any payment protection insurance, and any requirement to pay a large lump sum at the end of the agreement. In the current economic circumstances it is vitally important that Trading Standards Officers seek to ensure a fair trading environment, so that traders who do comply with the legal requirements are not at a disadvantage compared with their competitors who do not.” ENDS For further enquiries, please contact: Caitlin Stott, National Co-ordinator SCOTSS, Tel: 07852136676, email: coordinator@scotss.org.uk www.scotss.org.uk Notes for Editors 1. SCOTSS is the professional body which represents trading standards services in all 32 Scottish local authorities. It coordinates fair trading, safety and weights & measures issues across the country. As a section of the Trading Standards Institute its purpose is to promote excellence and enhance the professionalism of its members in support of informing consumers, encouraging honest businesses and targeting rogue traders. 2. The survey was carried out by officers in 18 local authority Trading Standards services in Scotland over a week in October 2008. 168 advertisements were examined for compliance with the Consumer Credit (Advertisements) Regulations 2004. 3. 91 advertisements (54%) were found to comply with the regulations, but of these, 36 (21% of the total) did not contain information which would trigger further disclosure. 77 advertisements (46%) were deemed non-compliant in one or more respects. 4. The most common infringement (37 cases – 22%) was a failure to specify the typical APR where it was required. 23 advertisements (13.7%) which did contain the typical APR failed to give it the required prominence. 5. Basic advice for consumers considering applying for credit can be found on the websites: http://www.moneymadeclear.fsa.gov.uk/ http://www.consumerdirect.gov.uk/before_you_buy/think_of/borrowing-money