ASA Ruling on Daub Alderney Ltd

The Advertising Standards Authority (ASA) are being kept busy by the world of online bingo recently. It was less than a week ago that we published details of a complaint that was upheld against Butlers Bingo, and this week Daub Alderney Ltd which is the company behind Lucky Pants Bingo have come under the spotlight after sending out a text advertising “100 FREE spins + 350% bonus”.

This promotion text message was received by the complainant on the 26th February this year, but after entering the required code, they failed to receive any free spins and only picked up a 200% bonus. They then contacted the ASA and made a complaint against Lucky Pants Bingo challenging whether the advert was misleading as it did not contain any terms and conditions.

Lucky Pants Bingo’s Response To The Complaint

Daub Alderney Ltd (Lucky Pants Bingo) looked into the case and explained that the complainant had registered for an account in November 2015, but had not made a deposit until January 2016. The text message that was sent out was only available to unfunded players, and a special filter has been set up to ensure that the promotional message was only sent to those players that were yet to make a deposit.

Lucky Pants Bingo looked into the circumstances surrounding the case and found that the complainant actually held two accounts with them, one funded and one unfunded, so their details had slipped through the filter.

They went on to explain that the number of characters they can use in a promotional texts are very limited, but they also sent out an email to the same account holders informing them of the full list of terms and conditions attached to the offer. Nevertheless, they have now amended the promotional text to show the Ts and Cs.

ASA Assessment Of The Lucky Pants Bingo Complaint

The ASA looked at the complaint and acknowledged the fact that the method used by Lucky Pants Bingo to contact their players was limited and that it was a genuine error on their part that the complainant had been contacted. They understood that the complainant was concerned that they were misled by the promotional text and that other consumers receiving the same message could be too, and would not realise there was a minimum deposit amount attached to the offer.

The Advertising Standards Authority have upheld the complaint against Daub Alderney Ltd as they felt it breached CAP Code (Edition 12) rules 8.17, 8.17.1 and 8.18 (Significant conditions for sales promotions). Whilst they understood that space is limited in text messages, the terms and conditions should have been included in the advert itself. They appreciate that Lucky Pants Bingo have now amended the advert and told them to ensure full details are included in all promotional material.

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