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http://www.asa.org.uk/Rulings/Adjudi...DJ_240823.aspx
Two text messages promoted a loans service:
a. The first, received on 13 May 2013, stated "Your money is waiting to be transfered [sic] you have passed the credit check just complete the form at http://urquickcash.com to get up to £1000 transfered [sic] ASAP".
b. The second, received on 8 June 2013, stated "Hi, you have been accepted for £1000 to be transferred to your account ASAP just fill out the form at http://urquickcash.com you have passed the credit check".
Upheld
The ASA understood that Cryton Ltd controlled the website to which the messages directed recipients and had employed a third-party company to send marketing messages on their behalf. Although we accepted that Cryton Ltd might not have been directly responsible for the messages, we considered that, as the company receiving the benefit of having consumers directed to a website under their control, they had a duty to ensure that any party employed to promote that website did so in accordance with the CAP Code. We therefore considered that they were ultimately accountable for the content of the text messages.
We noted that no evidence had been supplied to demonstrate that appropriate consent to receive the text messages had been given by the complainants, or to support the claims "Your money is waiting to be transfered [sic] you have passed the credit check ... get up to £1000 transfered [sic] ASAP" and "... you have been accepted for £1000 to be transferred to your account ASAP ... you have passed the credit check". We therefore concluded that the ads had breached the Code.
The ads breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation) and 10.13.3 (Database practice).
Two text messages promoted a loans service:
a. The first, received on 13 May 2013, stated "Your money is waiting to be transfered [sic] you have passed the credit check just complete the form at http://urquickcash.com to get up to £1000 transfered [sic] ASAP".
b. The second, received on 8 June 2013, stated "Hi, you have been accepted for £1000 to be transferred to your account ASAP just fill out the form at http://urquickcash.com you have passed the credit check".
Upheld
The ASA understood that Cryton Ltd controlled the website to which the messages directed recipients and had employed a third-party company to send marketing messages on their behalf. Although we accepted that Cryton Ltd might not have been directly responsible for the messages, we considered that, as the company receiving the benefit of having consumers directed to a website under their control, they had a duty to ensure that any party employed to promote that website did so in accordance with the CAP Code. We therefore considered that they were ultimately accountable for the content of the text messages.
We noted that no evidence had been supplied to demonstrate that appropriate consent to receive the text messages had been given by the complainants, or to support the claims "Your money is waiting to be transfered [sic] you have passed the credit check ... get up to £1000 transfered [sic] ASAP" and "... you have been accepted for £1000 to be transferred to your account ASAP ... you have passed the credit check". We therefore concluded that the ads had breached the Code.
The ads breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation) and 10.13.3 (Database practice).
) is this 
and I've seen so many of them, you just can't miss them! :sad:
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