I spoke to one of the networks about various concerns relating to some of the 31 banned items a few days before the new laws came into force as I had to assess the implications for my main retail business - no response! My conclusion is that that particular network is not overly concerned.
Funny thing was when I spoke to the OFT on a particular issue afffecting my business then they could not advise me further as their staff had not had the training yet! The originating government department (BERR) did not even know that the guide had been sent out to businesses in advance of the law change! I
am still waiting for the call back from trading standards! Perhaps they are all on the training course too!
One area that I tought would be an interesting test case would be the advertising of 'FREE' mobile phones as I have never been able to get a free one without it being conditional upon agreeing to a contract with a substantial cost! So is a mobile phone feed full of zero priced phones misleading or not? I have my view! Or what about a merchant who includes products that he knows are out of stock so that my sites give the impression that they are available for purchase when they are not? Or the merchant who includes products in their feed that you cannot buy online? And lots more practices that fly close to the wind.
I take the view that the networks have a duty of care to affiliates to ensure the quality and timeliness of the data that they supply - well that will be my defence!
If you have trouble sleeping - try the original interim guidance -
http://www.oft.gov.uk/shared_oft/bus.../oft931int.pdf - the analogy I drew for being an affiliate was to do with a cheesy bit -
"A trader makes and sells processed cheese slices to supermarkets.
Although the trader does not sell directly to consumers, any labels he
produces must be compliant with the CPRs as they are directly
connected with the promotion and sale of the cheese slices to
consumers."
- the 'label' being the affiliate's site.
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