So... it would appear that all that previously speculated about fiddling on the website wasn't just about making sure the fix is in, so no-one would get a payout... they still haven't... it was as much about covering up their 'Crimes of Persuasion'.
Here's the just-published adjudication of the UK's Advertising Standards Authority. I'll probably be posting some choice comments on it, later. So much to snipe about; so little time.
Enjoy!
ASA Adjudication on PropertyWikia.com
PropertyWikia.com t/a PropertyWikia (part of the RMV Group)
Date: 22 February 2012
Media: Internet (on own site)
Sector: Property
Number of complaints: 1
Complaint Ref: A11-172636
Ad: A number of claims on a property website offering a business opportunity on its 'Affiliates' page, seen in September 2011.
Issue: The complainant challenged whether the following claims were misleading and could be substantiated:
1. “Each property listed for sale – Earns YOU a £2,000.00 GBP once-off sales Commission"
2. “Each property listed for rent – Earns YOU a £100.00 GBP once-off rentals Commission"
3. "If we don't sell a listing within 12 weeks, we'll pay you £100.00 GBP Compensation every week until we do!".
4. "This is your opportunity to earn '£250,000.00 GBP in just 25 weeks' with NO; selling; risk; experience; knowledge;
special skills or referring required"; and
5. The income is "guaranteed against failure".
CAP Code (Edition 12)
Response
PropertyWikia provided the ASA with details of the total numbers of properties that were going into negotiation, were under offer or were further advanced in the sales cycle from July to November 2011.
They explained that PropertyWikia was a relatively new concept/business and that the website took three and a half years to develop overall. They said that the business was launched in 2010 and it took its first paid-up affiliate registration on 1 July 2011. They said that since then, they had not had an affiliate sale from listings made by the resources of an affiliate and that, to date, there had been fewer than 800 affiliates in the business. They said that once a property had sold, commission payment would be paid out 30 days from the month end of the month the property was sold in.
PropertyWikia said that while their affiliate programme was only launched in July 2011, property listings had commenced much later than this date and most of the listings that were made were done as a PAL listing (Partial Affiliate Listing) that required completion by the physical owner. They said that there were currently no properties older than 12 weeks and therefore, to date, they had not paid anyone £100 in compensation. PropertyWikia also said that no affiliates had been with them for more than six months in order to reach the 25-week point.
PropertyWikia confirmed that they had been asked by some affiliates when commission would be paid and had also been asked about guaranteed payouts, how they were validated and when they would be due if validation occurred. However, they also said they had not received any complaints concerning non-payment of commission or compensation because no sale had been due to an affiliate. They said that the £100 compensation was paid out on the same basis as the commission payments, but only when a £2,000 threshold had been reached. PropertyWikia confirmed that they had refunded just over £18,750 back to affiliates who decided to opt out and supplied the ASA with some refund examples from Paypal.
Assessment
1., 2., 3. and 4. Upheld.
The ASA noted PropertyWikia's response that their first affiliate joined the website on 1 July 2011 and, up to the present date, there was no record of any compensation or commission being paid to affiliates, nor had anyone earned '£250,000.00 GBP in just 25 weeks' as claimed on the website. We noted that both commission and compensation would only be paid to affiliates once a £2,000 threshold had been reached and while we noted that this was in the site's terms and conditions, we did not consider that this was suitably qualified as the page where the claims appeared was not linked to the terms and conditions page on the website.
We also noted that although we asked for contact details of affiliates in order to establish whether they were owed commission or compensation, PropertyWikia did not supply us with any of their details. Further to this, we also noted that PropertyWikia did not provide us with any information on the progress of any specific affiliates nor were they able to provide us with a better understanding of how the affiliate system worked. Because we had not seen adequate evidence to support the earnings claims on the PropertyWikia website, we concluded that they had not been substantiated and were misleading.
The claims breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising), 3.7 (Substantiation), 3.9 (Qualification), 3.10 (Exaggeration) and 20.7 (Business opportunities).
5. Upheld
We noted that PropertyWikia had supplied us with a number of records from Paypal, which indicated that they were happy to offer refunds to affiliates on request. However, we considered that the claim "guaranteed against failure" would have been interpreted by users of the website to be in reference to the money-making aspect of PropertyWikia and we did not consider that just refunding affiliates the money paid to be part of PropertyWikia justified that claim. We also noted that PropertyWikia had not supplied us with any evidence of affiliates who had so far benefitted from the scheme or made any money from it. We therefore concluded that because PropertyWikia had not adequately shown that their affiliate scheme had generated any success, the claim that it was "guaranteed against failure" had not been substantiated and was misleading
The claim breached CAP Code (Edition 12) rule 3.1 (Misleading advertising), 3.7 (Substantiation) and 3.10 (Exaggeration).
Action
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