Ignoring the regulator doesn't make the compliance problem go away. It makes it bigger.
An interesting ASA ruling this week involved HRY Games, trading as AI Scorecast. The company ran a Facebook ad promoting AI-powered football predictions, claiming an impressive 97% accuracy rate.
The ASA found the advertising misleading and socially irresponsible, particularly given the implication that consumers could reliably profit from betting.
Then It Got Worse
AI Scorecast didn't respond to the ASA's enquiries. As a result, the company was also found in breach of the CAP Code for failing to cooperate, and the matter was referred to CAP's Compliance team.
That referral opens the door to further enforcement measures, potentially including advertising restrictions, enhanced monitoring and escalation to Trading Standards.
Compliance Doesn't Stop When an Ad Goes Live
It's a reminder that marketing compliance doesn't stop when an ad goes live. Advertisers need to substantiate their claims, monitor their campaigns and, crucially, engage with regulators when questions arise.
Compliance should be an enabler, not a blocker. But ignoring it is rarely a winning strategy.
Barry Orr, CMO, Solas Compliance