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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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We have had a complaint about wording in our marketing text.

Customer Question

We have had a complaint about wording in our marketing text.
We are launching a new energy supply company based in Wales. We clsim there is not currently a dual fuel supplier in Wales.
Cardiff Energy Supply Ltd claim we are misleading as they are one.
Further research shows they offer gas only tariffs (launching electricity later this yr). So we stand by our claim as although they have a dual fuel supply licence, as things stand in the market today they do not offer an electricity supply product/tariff.
Are we correct?
Submitted: 4 months ago.
Category: Law
Expert:  Alex J. replied 4 months ago.

Thank you for your question and welcome. My name is ***** ***** I will assist you. Can you send me the exact wording of the text?

Customer: replied 4 months ago.
Two references:
Through our work, particularly with community energy groups, we realised that in Wales we are losing out - there is no dual fuel domestic energy supplier based in Wales, so most of the money we spend on energy is leaving Wales.Of the 50 or so energy suppers in the UK that you can choose to buy both your electricity and gas from, none of these are based in Wales (Swalec are now owned by SSE) or focussed on Welsh consumers.Regards
Jude
Customer: replied 4 months ago.
Complaint is from Cardiff Energy Supply www.cesl.me
Customer: replied 4 months ago.
Hi AJ.
Will you be able to respond on this today?
Thanks.
Expert:  Alex J. replied 4 months ago.

Thank you. Techincially they are a dual fuel supplier to the extent that they are licensed - what you could do is say there is "no dual fuel domestic energy supplier active and based in Wales". Have they threatened to sue you? Kind regards AJ

Customer: replied 4 months ago.
Not at the no, but they are quoting the Business Protection from Misleading Marketing Regs at us.
Expert:  Alex J. replied 4 months ago.

Thank you. The issue with their complaint is that you are not actually causing any injury to their business as they are not actively trading in the dual fuel market. If their complaint was upheld you could face a fine, but they would actually have to complain. What are they asking you to do -pull the advert? Kind regards AJ

Customer: replied 4 months ago.
They say that although they are not selling electricity we both have matching dual fuel licences and they 'want it noted that there are 2 dual fuel suppliers in Wales'
Expert:  Alex J. replied 4 months ago.

Hi, Thank you. What medium is the advert being published on - is it a large scale format? Kind regards AJ

Customer: replied 4 months ago.
It's on our website (we have also been in national newspaper with same wording but I think they will be satisfied with us changing website text - we just wanted advice before we do so).
Expert:  Alex J. replied 4 months ago.

Hi, Thank you. You would probably be best clarifying the point as a small print line item or a reference. This is quite common in advertise and it wont lose the immediate effect of the advert. So you do not have to deal with a potential complaint I would ask the other party if this is acceptable as a resolution? Kind regards AJ