The advert in question, seen in December 2017 on www.totaljobs.com, stated: ‘Sales Advisor. Immediate Start ... £250-£450 per week (average earnings) OTE ... Vanguard Marketing is looking for people with a passion for customer interaction and a desire for professional development. 

‘Vanguard Marketing is an ambitious company, with a view to expand their model throughout the UK in the coming months, so we're seeking enthusiastic candidates to help facilitate this growth and become the future of our organisation. We represent our client by increasing market share and we have recently acquired a new office in Middlesbrough. The demand for our service is growing and we are therefore looking to fill these roles asap. 

‘If you have any customer service, sales, marketing, retail or hospitality experience we would love to meet you ... Our Sales Openings involve: Sales and Customer Service, Customer Acquisition, Marketing and Promotions, Business Workshops, Strategy & Planning, Campaign Development.’

But the complainant in this case, who understood that Vanguard Marketing was a door-to-door sales company and that earnings were commission only, challenged whether the ad was misleading because it did not make clear the nature of the position and also whether the quoted earnings claim of ‘£250-£450 per week (average earnings) OTE’ was misleading and could be substantiated.

The ASA ruled the ad was misleading because:

• It did not make it clear that it was promoting a business opportunity, and not an offer of employment.
• It omitted material information regarding the nature of the role offered.
• Earnings were entirely commission based and there was no salary, 
• The ASA had not seen adequate evidence that the quoted figures were representative of the average earnings of a Vanguard Marketing sales adviser.

Consequently the ASA ruled the ad must not appear again in this form, while Vanguard were not to misleadingly present the nature of the role offered, including by implying that it was an offer of employment rather than a business opportunity, and by not making clear that it involved door-to-door sales. 

They were also told to ensure they held adequate substantiation for quoted earnings figures, and to make clear if earnings were based on commission only.

• Comment below on this story. You can also tweet us to tell us your thoughts or share this story with a friend. Our editorial email is [email protected]