Auto Service Contract Companies
CarShieldHeadquarters
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Important information
- Advertising Review:
In April 2020, Better Business Bureau challenged a CarShield mailer. BBB believes the mailer creates a false sense of urgency by stating:
- “RESPONSE TO THIS NOTICE REQUESTED”
- “IMMEDIATE RESPONSE REQUESTED”
- “Respond By: 8/3/2019”
- “Our records indicate that you have not contacted us to have your vehicle service contract activated. We are informing you that if your factory warranty has expired, you will be responsible for paying any repairs. However, if expired, you can still activate a service contract on your vehicle before it’s too late.”
- “SUMMARY OF TERMS”
BBB also questioned CarShield’s television commercials which state:
- “CarShield is America’s #1 Auto Protection Company!”
- “Over One Billion In Auto Repair Bills Paid”
- “ROADSIDE ASSISTANCE TOWING RENTAL COVERAGE NO ADDITIONAL COST”
- “TOWING ROADSIDE ASSITANCE RENTAL CAR”
- “There are even plans that will pay for your rental car.”
- “See Contract for Rental Car eligibility.”
- “Rental Car Some Restrictions Apply”
According to BBB Code of Advertising, “The primary responsibility for truthful and non-deceptive advertising rests with the advertiser. Advertisers should be prepared to substantiate any objective claims or offers made before publication or broadcast. Upon request, they should present such substantiation promptly to the advertising medium or BBB. Advertisements which are untrue, misleading, deceptive, fraudulent, falsely disparaging of competitors, or insincere offers to sell, shall not be used. An advertisement as a whole may be misleading by implication, although every sentence separately considered may be literally true. Misrepresentation may result not only from direct statements, but by omitting or obscuring a material fact. In addition, according to the Missouri state statute 15 CSR 60-7.020 (1): “A seller shall not make a representation or statement of fact in an advertisement that is false or has the capacity to mislead prospective purchasers.”
In addition, according to BBB Code of Advertising, “Superlative statements in advertisements about the tangible qualities and performance values of a product or service objective are objective claims for which the advertiser must possess substantiation as they can be based upon accepted standards or tests. As statements of fact, such claims, like #1 in new car sales in the city,” can be proved or disproved.
- -Expressions of opinion or personal evaluation of the intangible qualities of a product or service are likely to be considered puffery. Such claims are not subject to the test of truth and accuracy and would not need substantiation.
- -Puffery may include statements such as “best food in the world” and “we try harder” as well as other individual opinions, statements of corporate pride, exaggerations, blustering and boasting statements upon which no reasonable buyer would be justified in relying. Puffery also includes general claims of superiority over comparable products that are so vague that it can be understood as nothing more than a mere expression of opinion.
Ultimately, whether any particular statement or claim is puffery will depend upon the context in which it is used in the advertisement.
Some of these concerns were brought to the company’s attention previously in 2018. At that time, CarShield responded that it would make one modification. BBB re-contacted the company regarding ongoing concerns but did not receive a reply.
In its most recent correspondence BBB asked CarShield to provide substantiation to the claims made in its mailer and television ads or make modifications to provide greater clarity for consumers. Although the company responded to BBB, it failed to address BBB concerns brought to its attention.
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