Issued 8 November 2000/111
ASB Bank Fined $6,000: Third Small Print Case In 10 Days
Commerce Commission action against misleading use of small print continued today with the Auckland District Court fining
ASB Bank Limited $6,000 for breaching the Fair Trading Act.
Commerce Commission Chair John Belgrave said that this was the third small print conviction in 10 days. Earlier this
week Gateway New Zealand Limited was fined $21,500 and last week Air New Zealand subsidiary South Pacific Air Charters,
which trades as Freedom Air International, was fined $4,000.
The Commission alleged, and ASB admitted in Court today, that ASB's advertisements were misleading as to the true cost
of the "Economiser Home Loan Package". The true cost of the loans was more than the 7.1 percent advertised-additional
costs were disclosed in small print only. The additional costs were a monthly loan fee, mortgage insurance and a 1
percent fee.
ASB published the advertisements in a nation-wide newspaper and television campaign in February and March this year.
Mr Belgrave said that misleading use of small print is a common problem, and Commission investigations and enforcement
action will continue until compliance improves.
"All advertisers must be aware that the impression created by large text, pictures, colour, music and the other obvious
elements of advertising is all important," he said. "If that impression is misleading, then small print will not stop
the ad breaching the Act.
"Our advice is that all costs and important conditions must be clearly and accurately disclosed.
"If the style of advertising does not allow that, then the style should be changed. If the style cannot be changed and
still convey the message, then some hard questions have to be asked about the message. How accurately does it describe
the offer? And is it at risk of being misleading?
"The test the Fair Trading Act applies is what impression would consumers get from the advertising? The best policy is
to ask that question before advertisements are published or broadcast, and change them if necessary."
Background
ASB broadcast the advertisements on TV1 and TV2 and published them in the Sunday Star Times, Otago Daily Times, The
Press, Northern Advocate, Southland Times, Waikato Times, Bay of Plenty Times, Dominion, New Zealand Herald and New
Zealand Herald Weekend Real Estate.
Section 11 of the Fair Trading Act prohibits misleading conduct in relation to services.
Media contact: Fair Trading Manager Ross McPherson Phone work (04) 498 0909, cellphone 021 627 909, home (04)
232 6004
Senior Advisor Communications Vincent Cholewa Phone work (04) 498 0920, home (04) 473 3827
Commission media releases can be viewed on its web site www.comcom.govt.nz
Regards Leo van Schyndel Records Officer Corporate Services Direct dial : (04) 498-0929 E-mail :
leo.vanschyndel@comcom.govt.nz