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The Money Shop and the agency disputed whether the cashback offer was such that it required, under the Consumer Credit (Advertisements) Regulations 2010 ("the Regulations"), the inclusion of the RAPR in the ad with greater prominence than the offer. They considered the promotion was a reward for good borrower behaviour in the case that a consumer chose to take out a loan, rather than an incentive to apply for credit.
They said, however, that if the promotion was considered to be an incentive to apply for credit they considered that the ad would nevertheless comply with the Regulations and the BCAP Code because the RAPR was more prominent than the trigger for its inclusion (in this case, the incentive). They said the RAPR was shown in a larger font size than the text cash advance ashland al Cashback for every £100 borrowed" and appeared for over a second longer.
The Money Shop also commented that the RAPR was shown during the most interactive and memorable part of the ad, where the main dog character caught a bone that was thrown towards him and then followed the cursor icon towards the bottom of the screen, where the RAPR was located. Clearcast said they had received a legal assurance from the Money Shop, through the advertising agency, which stated that the ad complied with cash advance ashland al relevant legislation.
They had therefore been confident that the APR stated in the ad was sufficiently prominent. They supplied a copy of the legal assurance. That assurance stated that the cashback offer of £5 per £100 borrowed, payable if the customer repaid the loan in full on or before its original due date, had been treated as an incentive to apply for credit and that the ad included a RAPR for that reason. It also stated that the RAPR was more prominent in the ad than the incentive.
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