Can Something Be Advertised Free if It's Not Free for Everyone?

[Deactivated] on 30/01/2020 - 13:21

Not sure if I worded the title right, but recently came across a gym that advertises FREE 6 week challenge. In the ad there's no mentioning of the fact that you have to pay but just FREE scattered throughout the ad along with what the inclusions are worth (the "RRPs")…

I signed myself up wanting to know what exactly is being offered here and as expected after an hr of consult they said it's a few hundred $$ unless I can lose a certain % of body fat within 6 weeks. If the challenge terms are met you get a full refund.

Just wanted to know… Is it actually legal to advertise something as free when it's not really free? Or is it more of a grey area in this case?

General Discussion

Comments

  • [Deactivated] on 30/01/2020 - 13:24
    +3

    Free gift!*

    *With every purchase.

    (Caveats are allowed)

    • [Deactivated] on 30/01/2020 - 13:26

      No * anywhere though…

    • D C on 30/01/2020 - 19:50

      Free gift!*
      *With every purchase.

      I'm interested.

      Minimum spend, free shipping and CashRewards?

  • JRozells on 30/01/2020 - 13:26
    +4

    It's honestly a bit hard to tell unless you give us the exact wording of the advertisement/promo material. Places such as pubs/burger joints often do eating challenges where the food is free of you eat it fast enough.

  • orangetrain on 30/01/2020 - 13:27
    +1

    You.. signed a contract to find out what the fine print says?

    Why not read contract before signing? If it wasn’t mentioned in contract that you have to pay, then yes it's free.

    If they don't have it in fine print on same ad, it is misleading. Report to ACCC and OzBargain car issues forum.

    • [Deactivated] on 30/01/2020 - 13:30
      +2

      Not a contract, it's a FREE consultation!

      • orangetrain on 30/01/2020 - 13:32
        +1

        You said "signed up". I thought that was the contract! Yeah. Report to ACCC. They will warn the business to not do it again.

  • spackbace on 30/01/2020 - 13:32
    +16

    a gym

    Enough said

  • Drakesy on 30/01/2020 - 13:34

    I had my friend go through the same thing, was a dodgy gym in Perth by some young 20 something upstart forcing people into his program. Basically was advertised as a free trial only to be forced into paying the ridiculous consultation fee if she didn't sign up (but it's ok, it'll be refunded once you reach your target…), luckily she just walked out, her friend wasn't so lucky and felt guilty, handing over her credit card. Cancelled it and reversed the charges the next day though.

    Illegal? possibly.
    Preying on the emotionally fragile? definitely.

    • HighAndDry on 30/01/2020 - 15:16

      Preying on the emotionally fragile? definitely.

      Adults living in an adult world doing adult things shouldn't blame others for lacking emotional resilience.

      • Drakesy on 30/01/2020 - 15:27

        And that's where he's found his target market, ethically and morally may be not all there by enticing them in in person with free trials, but hey, whatever turns a profit in his eyes.

  • 87percent on 30/01/2020 - 13:36

    lot of gyms advertise like that

    "free one month" (but you need to pay for 12 months, and trying to cancel after the first month requires you to jump through so many hoops that you will need a law/taxation/medical degree

  • Baysew on 30/01/2020 - 13:54
    +1

    See - There ain't no such thing as a free lunch

  • holdenmg on 30/01/2020 - 14:02

    I'm totally gonna register "*"
    *™

  • Caped Baldy on 30/01/2020 - 14:55
    +1

    Yeah, I wouldn't count something as free if it depends on my laziness.

  • AdosHouse on 30/01/2020 - 17:21

    So you have to pay, and if you meet the weight loss conditions you get the money back? No part of that is free.

  • poboy on 30/01/2020 - 17:55

    It really depends on:

    • How risk adverse the company is
    • If there are any complaints that authorities need to investigate.

    I have been a part of very risk adverse companies (you can't say free… you must say at no extra cost!), and other companies that didn't really care and published an offer that I thought was misleading (they rejected my arguments).

  • timthetoolman on 30/01/2020 - 18:06

    I assume it's one of those 9 in 5 things? It's free if you lose the weight otherwise are charged for it. I assume just to encourage you to actually attend and train properly.
    But yeah, a bit misleading but at the same stage, it can be free

  • netjock on 30/01/2020 - 18:14

    They need a gambling licence. If you want you to lose x% and then pay you off. A bit like the lottery isn't it?

  • Typical16-bitEnjoyer on 30/01/2020 - 18:34

    If the major terms (ie. not meeting a % target means you pay $XXX) are not clearly stipulated in the advert then it could be considered misleading.

    Lodge a complaint if you want.
    https://www.accc.gov.au/consumers/advertising-promotions/fal…

    IMHO sounds dodgy as F%^&

  • chriise on 30/01/2020 - 21:31

    I'm curious, what % was in the terms?

  • Teasea on 31/01/2020 - 10:27

    I could imagine the trainer religiously keeping tabs on that person's weight then, if weight-loss progresses well, encourage mass protein consumption/muscle gaining exercises so that person won't reach the final goal for the freebie…

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