- The Advertising Regulatory Board upheld a consumer complaint against Fines SA.
- The advert suggested motorists would get discounts of up to 50 per cent just by using the platform.
- Fines SA has now been told to withdraw the claim as currently written.
The Advertising Regulatory Board decided that Fines SA must pull an advert that falsely gave the impression motorists would automatically qualify for discounts of up to 50 percent on traffic fines.
The complaint came after an email advertisement invited people to use the company’s online portal, app, or to click a Pay Now button to qualify for discounts of up to 50 percent. The advert also claimed that the earlier motorists paid, the more they would save.
One consumer said the wording made it seem like paying through the Fines SA platform meant a discount would be applied. When no discount was given, the advert was challenged as misleading.
The issue was the promise of qualifying
Fines SA defended its advert, saying it never guaranteed a 50 percent discount. The company argued that discounts vary depending on things like the type of fine, the issuing municipality, the size of the fine, and when payment is made.
The company also said that the phrase up to 50 percent is commonly used to show that benefits differ from person to person, rather than applying to everyone.
The Advertising Regulatory Board agreed that consumers would understand up to 50 percent to mean the discount could be less than the advertised maximum. But it said the real problem was not the percentage itself, but the promise that people would qualify just by using the platform.
A misleading expectation
According to the ruling, the advert made it seem like simply using the portal meant you would qualify for a discount, giving the impression that savings were an automatic reward for paying through Fines SA.
The follow-up statement, The earlier you pay, the more you save, reinforced this by suggesting the only question was how big your discount would be, not whether you would get a discount at all.
The Directorate said a clearer advert would have asked motorists to check if they qualified or included a clear disclaimer explaining the criteria.
Important conditions were left out
The Board found that the important limitations appeared only on Fines SA’s FAQ page and not in the advert itself.
These conditions explain that discounts are only available in certain cases and depend on things like the municipality, the status of the fine, when the offence happened, and the payment date. Evidence in the complaint also showed that some fines do not qualify for any discount at all.
The Advertising Regulatory Board concluded that leaving out these qualifying conditions gave ordinary people the wrong impression and broke the Code of Advertising Practice.
Fines SA has been told to withdraw the claim in its current format and not to use it again. The Board also advised its members not to accept the wording for publication as it currently stands.
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