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Misleading Advertising and Online Shopping

By: Lucy Debenham BA (hons) - Updated: 17 Aug 2017 | comments*Discuss
 
Misleading Advertising And Online Shopping

Advertising goods and services online is actually a viable business in itself. Affiliate programmes, advertising keyword campaigns and pay per click advertising are all important strategies in driving web traffic - or potential consumers - to a website. For this reason, online sellers in particular may be tempted to stretch or slightly distort the truth regarding the pricing or description of their goods and services. However, you should be aware that online traders, just like their high street counterparts, are under a legal obligation to provide their consumers with non-misleading advertisements.

Regulatory Body

The Department for Business Innovation and Skills is the department responsible for reviewing and refining all laws and regulations concerning trade descriptions and misleading advertising. The basis of these laws is that the seller provides honest and legal information to the consumer. If these guidelines are not followed, then the Office of Fair Trading (OFT) can intervene and investigate.

If the seller is based in the UK, then they are under the scrutiny of the independent Advertising Standards Authority. This regulatory body has set out codes of practice and regulations in order to monitor advertisements, making sure that companies do not confuse consumers with ambiguous pricing, or make false or misleading descriptions of the goods or services on offer. This code is known as the British Code of Advertising, Sales Promotion and Direct Marketing and applies to all non-broadcasting media.

However, you should be aware that there are differences in the way that the regulatory system operates with shop window advertising and online advertising. Basically, the system does not apply to content that appears on the website belonging to the advertiser. The ASA also does not apply the code to editorial content, but you should be aware that website content from a British-based website is still subject to British law such as the Trade Descriptions Act. The ASA will, however, look into complaints made regarding paid advertising campaigns that are sited on a third party's website. Examples of these advertisements include commercial emails, pop-up advertisements and 'banner ads'.

On a very basic level, it is worth remembering that both high street and online consumers are protected if they are subject to misleading advertising. Currently, as the law stands in the UK, sellers are required to provide consumers with goods that are as described, fit for purpose, and of satisfactory quality. If the trade description and the advertisement do not match, then you may be entitled to a refund or compensation.

Pricing

It is actually a criminal offence for a seller to provide misleading information on the pricing of goods or services. All hidden costs must also be included in the final price, or made clear on the advertisement, with written confirmation provided to the consumer when purchasing an item.

What to do?

If you believe that you have been subject to misleading advertising online, your first port of call should be to check that the website is UK-based, and then contact the online retailer. If this does not resolve your complaint, then you can try contacting the UK government's online consumer advice centre, Consumer Direct. You can also make a complaint to the ASA, who may investigate or refer your complaint.

If you believe that a financial service provider is using misleading advertising, then you can use an online contact form to inform Financial Services Authority (FSA).

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I am in a battle with a company called Worldstores x they only sell online x I bought a three seater settee and a two settee (advertised as leather) I thought 2 years x but in fact it was 4 years. However the fact is it is falling to bits x we don't spend much time in living room as we have big kitchen with telly x I don't have 6 kids and 6 cats x so why falling apart x with just the the two of us x I have emailed them with pictures x they say it only had a years warrenty !!!! So said they will speak to their supplier x have emailed two people there x and have spoken to one x who just lied about contacting supplier x have looked online as to how long sofas should last and found out the following : it says settees used to last up to 20 year x but overtime it has gone down to 7-8 years and mine is only 4 x don't know what to do? They have a lot of complaints online x feel useless ??I have pictures and samples of material that is shredding . Can you help?
Preecy - 17-Aug-17 @ 12:36 PM
Cupra - Your Question:
Hi, I recently bought a bed from Argos then a month or so later bought a mattress from them aswel. The issue I am currently having is the mattress is 9cm smaller than the bed. In the Q@A about the bed some asked about compatible mattress sizes and the argos reply was the exact dimensions as the mattress I purchased. I have spent nearly £700 on both and wanted it to be a perfect fit. After emailing them they replied by offering me a £50 discount (which im not happy with) as it's no longer in it's original packaging (Which I still have for the mattress not the bed)After some research turns out double bed widths in the UK are 138-140 width, other European countries double bed width are 148-150cm So I have purchased a bed built for another country and a mattress built for the UKI am also under the impression that after a weeks use the mattress has already lost it's shape and faulty.Is there anything I can do?Thanks in advance for any help

Our Response:
If the mattress is faulty (i.e it's lost its shape etc) you can return it within 30 days for a refund. If information on the website misled you into buying the bed/mattress you should take it up with the retailer. If however the information was supplied by another customer, the retailer may not take responsibility for this. Ifthe mattress is still sealed in its original packaging, Argos will accept a return under its terms and conditions.
OnlineShoppingRights - 9-Aug-17 @ 11:53 AM
Hi, I recently bought a bed from Argos then a month or so later bought a mattress from them aswel. The issue I am currently having is the mattress is 9cm smaller than the bed. In the Q@A about the bed some asked about compatible mattress sizes and the argos reply was the exact dimensions as the mattress I purchased. I have spent nearly £700 on both and wanted it to be a perfect fit. After emailing them they replied by offering me a £50 discount (which im not happy with) as it's no longer in it's original packaging (Which I still have for the mattress not the bed) After some research turns out double bed widths in the UK are 138-140 width, other European countries double bed width are 148-150cm So I have purchased a bed built for another country and a mattress built for the UK I am also under the impression that after a weeks use the mattress has already lost it's shape and faulty. Is there anything I can do? Thanks in advance for any help
Cupra - 7-Aug-17 @ 4:45 PM
Bonniebee1981- Your Question:
Hi we bought V festival tickets as part of their early bird offer as they stated it would be the cheapest way to buy tickets to the event but due to poor ticket sales they are now selling tickets at 2 for the price of 1 so basically half price which is less then we paid. I have tried to contact them but they will not reply and have stated we can not have a refund on tickets already bought. I feel this is misleading as we only got the tickets as we thought it was the only way to get the best priced ticket where do we stand with this please? Many thanks

Our Response:
No it's not misleading, it's simply a chance you take when you buy something really. We can't see anywhere that's selling these tickets at 2 for the price of 1 anyway.
OnlineShoppingRights - 7-Aug-17 @ 11:36 AM
Hi we bought V festival tickets as part of their early bird offer as they stated it would be the cheapest way to buy tickets to the event but due to poor ticket sales they are now selling tickets at 2 for the price of 1 so basically half price which is less then we paid. I have tried to contact them but they will not reply and have stated we can not have a refund on tickets already bought. I feel this is misleading as we only got the tickets as we thought it was the only way to get the best priced ticket where do we stand with this please? Many thanks
Bonniebee1981 - 3-Aug-17 @ 12:05 PM
Libby - Your Question:
Hi tried to order ginna bacconni dress from john Lewis sight on line dress was highlited underlined dress Style and colour reduced tired to order still saying reduced proceeded to checkout came up full price contracted John Lewis now saying only onecolour of this dress is reduced so why is it highlited under the dress in Question style colour nothing to say only certain colours this is misleading as you see reduced price want toBuy still advertising surely this is false information

Our Response:
This is probably not an easy one to pursue as many retailers' systems are designed with a main item with colour options as a next "layer" on the site. To advertise the product for sale, they may have to add the details next to the main item rather than specific colourways. If you check, they may have added small print saying that it only applied to certain colours etc.
OnlineShoppingRights - 2-Aug-17 @ 12:48 PM
Hi tried to order ginnabacconni dress from john Lewis sight on line dress was highlited underlined dress Style and colour reduced tired to order still saying reduced proceeded to checkout came up full price contracted John Lewis now saying only onecolour of this dress is reduced so why is it highlited under the dress in Question style colour nothing to say only certain coloursthis is misleading as you see reduced price want to Buy still advertising surely this is false information
Libby - 31-Jul-17 @ 10:56 AM
Babsy - Your Question:
After a lot of research and physically viewing various summerhouse sales areas, we purchased a summerhouse online from a company that advertises that with buying from them you are buying directly from the manufacturer. We chose the model carefully and particularly liked the quality of the windows, which the site itself states as 'premium windows & doors, the best on the log cabin market'.The pictures on their website clearly showed double glazed Georgian style windows, quite chunky with individual panes. 6 panes on the windows and eight on the French doors. The internal pictures showed the windows had two window latches on each and the floor plan showed two windows left hung and two right hung. The pictures on the website showed three hinges on all of the four windows and the French doors.However, what has been delivered is totally different. The windows are all hung on the left, so look odd when they are opened. The windows and doors are basically one double glazed unit with screwed on fake Georgian bars. There is only one, very cheap looking, window catch on each window. There are 8 'panes' on each window and 10 on each door. We raised this with the installers (external contractors) who advised that the company use two different factories and the windows can be different from each. Are we within our rights to request that they remove the cheap looking windows and doors and re-install the correct items as per their website pictures?Is this considered misleading advertising?

Our Response:
If what you received is siginificantly different from the description you should contact the supplier and negotiate.
OnlineShoppingRights - 27-Jul-17 @ 2:01 PM
taximum - Your Question:
I recently purchased a holiday rental described as "a single storey property adjacent to the owners home" only to discover on arrival it was an apartment in a building which included the owners home on the same level and the top floor being a different families apartment. This was so wrong. Can I get compensation for this as it is misleading people and is unfair.

Our Response:
You may be able to get some compensation ....it does sound misleading to use. It's not "a single storey property" if there is a floor above it for starters.
OnlineShoppingRights - 27-Jul-17 @ 12:13 PM
After a lot of research and physically viewing various summerhouse sales areas, we purchased a summerhouse online from a company that advertises that with buying from them you are buying directly from the manufacturer. We chose the model carefully and particularly liked the quality of the windows, which the site itself states as 'premium windows & doors, the best on the log cabin market'. The pictures on their website clearly showed double glazed Georgian style windows, quite chunky with individual panes. 6 panes on the windows and eight on the French doors. The internal pictures showed the windows had two window latches on each and the floor plan showed two windows left hung and two right hung. The pictures on the website showed three hinges on all of the four windows and the French doors. However, what has been delivered is totally different. The windows are all hung on the left, so look odd when they are opened. The windows and doors are basically one double glazed unit with screwed on fake Georgian bars. There is only one, very cheap looking, window catch on each window. There are 8 'panes' on each window and 10 on each door. We raised this with the installers (external contractors)who advised that the company use two different factories and the windows can be different from each. Are we within our rights to request that they remove the cheap looking windows and doors and re-install the correct items as per their website pictures? Is this considered misleading advertising?
Babsy - 24-Jul-17 @ 1:56 PM
I recently purchased a holiday rental described as "a single storey property adjacent to the owners home" only to discover on arrival it was an apartment in a building which included the owners home on the same level and the top floor being a different families apartment. This was so wrong. Can I get compensation for this as it is misleading people and is unfair.
taximum - 23-Jul-17 @ 5:29 PM
I bought a set of three skittle balls from Bowls4u trading through Amazon. The advert was vague about the quantity but Q&A clearly stated 'set of 3 not a single ball' However the single ball arrived and the seller is refusing to supply the other 2 items. Rather suggestion that I return the single ball at my own cost! Please advise?
Twofar - 14-Jul-17 @ 6:04 AM
What if the site turns out to be in China even though they make it look like a store in the uk?
Nod - 13-Jul-17 @ 1:32 PM
STSL - Your Question:
I booked a holiday on line with Thomson Sept 2016 for summer 2017. The room I selected had a floor plan giving an artists impression of the room layout which should have consisted of a bedroom with en-suite, seperate lounge, bathroom and wrap around balcony/terrace. Upon arrival we were shocked to discover that the room was a standard bedroom with one bathroom and small balcony; nothing like the room I had selected. The resort rep insisted that the room I described does not exist in the newly built section we were booked into. Despite having a screen shot taken at time of booking we were not offered any compensation, would I be entitled to any if I contact the company now we have arrived home. Thanks

Our Response:
If the artist's impression is wildly different from your actual experience and not just an example of "one of the rooms you might expect" at the resort then you might stand a chance. It's certainly worth a try. You would need to demonstrate how your holiday experience was affected by this and also how much you think what you paid differed from that you received etc.
OnlineShoppingRights - 7-Jul-17 @ 12:55 PM
I booked a holiday on line with Thomson Sept 2016 for summer 2017. The room I selected had a floor plan giving an artists impression of the room layout which should have consisted of a bedroom with en-suite, seperate lounge, bathroom and wrap around balcony/terrace. Upon arrival we were shocked to discover that the room was a standard bedroom with one bathroom and small balcony; nothing like the room I had selected. The resort rep insisted that the room I described does not exist in the newly built section we were booked into. Despite having a screen shot taken at time of booking we were not offered any compensation, would I be entitled to any if I contact the company now we have arrived home. Thanks
STSL - 6-Jul-17 @ 6:45 PM
Mrs P - Your Question:
I bought shower fix panel online from b&q as It said "This aluminium & glass fixed shower panel from Cooke & Lewis has been created to bring a stylish finishing touch to your bathing area. It's reversible so can be used left or right handed, ideal for a busy home.If it's ease and functionality that you're looking for then the Beloya range is the perfect option. With a special easy clean coating that helps prevent limescale build up and no silicone needed for the wall profile, the enclosQuick and easy assemblyWidth adjustable from 875 mm to 900 mmWe've applied an easy clean coating on the inner side of glass to prevent calc build up. Thes door also has a flat shape and hidden screws for easy cleaning convenience.If you're positioning your shower enclosure against 1 wall, you will need 2x Beloya Fixed Shower Panel (W)900mm to complete your enclosure. If you are positioning against 2 walls, you will need 1x Beloya Fixed Shower Panel (W)900mm and a shower door panel to make up your enclosure". I bought it as it would be quick and easy to fix. It arrived quickly. I have arranged for 2 person to come to help as it is very heavy and the shower rooms is upstairs, Open the box the guys told me they can not install it as there is only the glass panel in the box. I paid them for wasting their time then called b&q asking for the rail which to fix on the wall then connect the glass panel on it. The customer service seem to be helpful when I asked if he knows what to send me. He said never mind he will request the new panel for me even though I said I don't want a new one I just want the rail. B&Q send me a new panel open it up still only glass panel in the box. Call B&Q back again. This time b&q come up with I have the buy the door panel then the rail will come with it, I don't want the door panel as I have one already. B&Q said sorry we can't send you the rail. I asked them to solve this problem or send someone to take it back. They said we will send someone to take it back but it had to be at the downstairs which it means I have to arrange for 2 person to the glass panel down again on my costs. I refuse it told them to find the solution for me. During waiting for b&q respond I went to have a look online again if there is any rail in bathroom section I could buy to fix this glass panel nothing on there at all. How could b&q said something on the website but it doesn't mean it. And the way to solve the problem for customer is badly too by saying "sorry if we don't sale the rail there is nothing else we can do to help you. I told them that they should not sales this and say it is easy to assembly as no one can install it. Also on the manual book which is come with the panel said tools and things you need for installation is 2 men, hand drill,screwdriver, mature tape hammer, pencil and silicone.

Our Response:
If you ordered it online, you have 14 days in which to return the item anyway under the Consumer Contracts regulations. Looking at the description you've given: " If you are positioning against 2 walls, you will need 1x Beloya Fixed Shower Panel (W)900mm and a shower door panel to make up your enclosure" this does suggest you need the correct door panel too - although it is ambiguous. If they won't supply the rail, just return the item for a refund under your consumer rights and then write to them to see if they will compensate you for your time and money wasted.
OnlineShoppingRights - 5-Jul-17 @ 12:13 PM
I boughtshower fix panel online from b&q as It said "This aluminium & glass fixed shower panel from Cooke & Lewis has been created to bring a stylish finishing touch to your bathing area. It's reversible so can be used left or right handed, ideal for a busy home. If it's ease and functionality that you're looking for then the Beloya range is the perfect option. With a special easy clean coating that helps prevent limescale build up and no silicone needed for the wall profile, the enclos Quick and easy assembly Width adjustable from 875 mm to 900 mm We've applied an easy clean coating on the inner side of glass to prevent calc build up. Thes door also has a flat shape and hidden screws for easy cleaning convenience.If you're positioning your shower enclosure against 1 wall, you will need 2x Beloya Fixed Shower Panel (W)900mm to complete your enclosure. If you are positioning against 2 walls, you will need 1x Beloya Fixed Shower Panel (W)900mm and a shower door panel to make up your enclosure". I bought it as it would be quick and easy to fix. Itarrived quickly . I have arranged for 2 person to come to help as it is very heavy and the shower rooms is upstairs, Open the box the guys told me they can not install it as there is only the glass panel in the box. I paid them for wasting their time then calledb&q asking for the rail which to fix on the wall then connect the glass panel on it. The customer service seem to be helpful when I asked if he knows what to send me. He said never mind he will request the new panel for me even though I said I don't want a new one I just want the rail. B&Q send me a new panel open it up still only glass panel in the box. Call B&Q back again. This time b&q come up with I have the buy the door panel then the rail will come with it, I don't want the door panel as I have one already. B&Q said sorry we can't send you the rail. I asked them to solve this problem or send someone to take it back. They said we will send someone to take it back but it had to be at the downstairs which it means I have to arrange for 2 person to the glass panel down again on my costs. I refuse it told them to find the solution for me. During waiting for b&q respond I went to have a look online again if there is any rail in bathroom section I could buy to fix this glass panel nothing on there at all. How could b&q said something on the website but it doesn't mean it. And the way to solve the problem for customer is badlytoo by saying "sorry if we don't sale the rail there is nothing else we can do to help you. I told them that they should not sales this and say it is easy to assembly as no one can install it. Also on the manual book which is come with the panel said tools and things you need for installation is 2 men, hand drill,screwdriver, mature tape hammer, pencil and silicone.
Mrs P - 4-Jul-17 @ 6:01 PM
Hi there,I bought a clock advertised in a leaflet from the Range.The ad said it was 24.99 and I later realised I had been charged 39.99 . I spoke to the Range who insist the clock pictured is not what I have bought.I referred matter to Advertising Standards Authority who are upholding my complaint,but the Range still refuse to give me the difference of £15 between the advertised price and the actual price charged. What can I do? Seems ridiculous a third party agrees I HAVE been misled,but the Range don't care!Thank you
ST - 9-Jun-17 @ 6:17 PM
We bought a dinning set via xquiste interiors. "Lovingly painted to high quality prepped, primed, painted + several coats wax. Professionally upholstered" . Its none of those things. Not prepped primed coats of paint or wax. 1 coat of paint that's coming off in layers to reveal dark brown paint. The professional upholstery isn't either. Its badly stapled on and to make it 100% worse the inner foam isnt safety foam! Its flammable. The local upholstery co took pics showing it up in flames. The company dont want to know, say they dont have to comply with any standards and refuse to converse or correct it. Apart from Trading Standards who can help us please.Apart from taking money under false pretences and lieing in their advertising they will end up causing a death with their non compliant material. Please help?
Mum1 - 6-Jun-17 @ 4:13 PM
I purchased a buggy from Kiddicare, their website and description says it is compatible with a car seat and is one of the main features highlighted. Once I put it together it turns out that it's compatible if you buy adapters to fit the car seat on, but it isn't compatible with a car seat on its own. It doesn't say you have to buy them anywhere or mention the adapters. I have complained and they said that because in the description they have put "The Nipper Sport has an array of additional accessories which make this buggy even more versatile" in the description it means that any of the features they state could be optional and won't let me return it. Any ideas on what I can do about it?
Charlotte - 1-Jun-17 @ 12:46 PM
Hi... I received an email from Toys r us offering me a 10ft pool and filter for £29.99, As I have an 8ft pool of same make (from toys r us) I clicked to buy the larger one. But when I clicked to buy the toys r us webpage opened and the price was at £54.99, I came off and tried again (through my email) and still got the £54.99 price, i still have the email so I contacted toys r us through their online enquiries twice and got no response so I called them and a guy called Robbie told me it was a typo error and it should of said 8ft pool as the 10ft pool is £54.99 I explained but that's enticing people onto your site by giving false pricing and he said there was nothing he could do and it was a just typo error. I told him I wasn't happy that I had no response to my enquiries and he said I could complain by emailing enquiries. Is there any point complaining???
Nick - 31-May-17 @ 5:22 PM
Jeannette - Your Question:
I made a vehicle hire booking online and provided credit card details for the deposit. On arriving at the car hire company they claimed the website price was a mistake and added 150 to the cost. Still advertising at said price on website. Can I legally hold them to that price

Our Response:
Check the terms and conditions that should have been made available to you at the time of your booking. You still have the right to a refund and to cancel if it's the company's error.
OnlineShoppingRights - 23-May-17 @ 12:15 PM
I made a vehicle hire booking online and provided credit card details for the deposit.On arriving at the car hire company they claimed the website price was a mistake and added 150 to the cost. Still advertising at said price onwebsite. Can I legally hold them to that price
Jeannette - 22-May-17 @ 10:43 AM
Hi, I bought a workout plan from an online coach where it stated it had a full 100% money back guarantee within 60 days. I've had the plan for around 30 days and have only put on weight and had difficulties sleeping. I've asked for the refund and the trainer said I had to send my meal plans and assessments as refund were only for people who'd done 60 days properly. It states this nowhere and I haven't kept any eating plans as i wasn't told to. Am I fully entitled to the refund? Is this false advertising and what rights do I have if he still refuses?
CH - 11-May-17 @ 1:07 PM
Rex- Your Question:
Hi I called at a tescos garage to buy M and Ms they were Advertised on the shelf save 50p price reduced to £1 ! When I looked closer the Weight says 121g - 140g so isn't definite!Also around the corner in the same shop they are selling M and M for £1.50 but the bag is 165g!I think this is misleading as you would think you are making a saving of 50p but you are actually getting less product is this misleading? The bags look similar I took photos!

Our Response:
As long as the bags were orignally for sale at the higher price (thus making the sale price valid), there isn't much you can do about this.
OnlineShoppingRights - 11-May-17 @ 12:22 PM
Hi I called at a tescos garage to buy M and Ms they were Advertised on the shelf save 50p price reduced to £1 ! When I looked closer the Weight says 121g - 140g so isn't definite! Also around the corner in the same shop they are selling M andM for £1.50 but the bag is 165g! I think this is misleading as you would think you are making a saving of 50p but you are actually getting less product is this misleading? The bags look similar I took photos!
Rex - 10-May-17 @ 6:56 PM
SPD1 - Your Question:
I purchased a jacked based on an advert on instagram. When the product arrived it was CLEARLY a completely different 'ripped off' version of that advertised - different material, form and structure etc. When I questioned this they just claimed it was EXACTLY as advertised and are refusing to refund me or accept a return claiming it's their policy as stated on their website that all purchases are final. I understand this, however only if you get the product you are expecting!! Where do I stand here? I have informed my credit card company and they are also investigating. Any advice gratefully received

Our Response:
Assuming this is an online retailer and not a private seller, then the Consumer Contracts Regulations apply and you have an automatic right to return any item purchased online within 14 days of receiving it (whether it's faulty or not). This allows for the fact that a photo cannot always portray the item as it is in "real life". Send a letter or email quoting the act to the retailer and return the items (with proof of purchase). If you do not receive a refund, make a claim via the small claims court and report to Trading Standards. You credit card company may also be able to help.
OnlineShoppingRights - 5-May-17 @ 11:01 AM
I purchased a jacked based on an advert on instagram. When the product arrived it was CLEARLY a completely different 'ripped off' version of that advertised - different material, form and structure etc. When I questioned this they just claimed it was EXACTLY as advertised and are refusing to refund me or accept a return claiming it's their policy as stated on their website that all purchases are final. I understand this,however only if you get the product you are expecting!! Where do I stand here? I have informed my credit card company and they are also investigating. Any advice gratefully received
SPD1 - 4-May-17 @ 2:01 PM
Helm - Your Question:
I found a discount code for 20% with iconic valid until 28.04.17 I tried to use code today and it would not work. I called and was told it's only off full price items I said it is it's a £350 jacket the guy said oh I think it'd finished so I said well you've advertised until tomorrow he said oh well it's not working. When I asked to speak to a manager I was told call back tomorrow I pointed out that the offer ends tomorrow and he said oh you can't have it then. What are my rights

Our Response:
If the advert stated a "valid until" date and you had adhered to any other terms and conditions, then you should make a complaint to the ASA and your local trading standards office.
OnlineShoppingRights - 28-Apr-17 @ 2:42 PM
I found a discount code for 20% with iconic valid until 28.04.17 I tried to use code today and it would not work.I called and was told it's only off full price items I said it is it's a £350 jacket the guy said oh I think it'd finished so I said well you've advertised until tomorrow he said oh well it's not working.When I asked to speak to a manager I was told call back tomorrow I pointed out that the offer ends tomorrow and he said oh you can't have it then.What are my rights
Helm - 27-Apr-17 @ 3:44 PM
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