The complaint involved promotional mailshots sent to consumers
by the domain name registry. The mailing featured an image of the
European Union flag next to the words "Domain Registry of Europe."
It stated "Important Notice" and continued:
"We understand your domain name XXXX expires on XXXX. We
recommend you renew your domain name at least 30 days prior to its
expiration to avoid any 'Registrar Lock'... failure to renew your
domain may result in a loss of your on-line identity, which may
make it difficult for your customers and friends to locate you on
the web."
Although the mailings informed the recipients that they were
under no obligation to pay, the ASA found that the content,
"especially when combined with the image of the company name and
the EU flag", gave the overall impression of an official
notice.
The ASA also found that the mailing "misleadingly exaggerated
the importance of its content." This is because the domain names
could not be transferred without permission from the third party
who had administrative control of them. The mailing, however,
implied that the advertisers could renew and take control of domain
names.
The ASA concluded that the mailshots could "distress" some
recipients, and ordered the Domain Registry of Europe to withdraw
the mailing. The domain registrar is also required to consult the
Committee of Advertising Practice Copy Advice team before
advertising again.
The ASA adjudication can be found
here
