Your Client Got an ASA Complaint. What Happens to Your Agency?

The Call You Do Not Want to Receive

A client calls. They have received a letter from the ASA. One of the campaigns you wrote and managed is under investigation.

What happens next, and what does it mean for your agency?

How ASA Investigations Work

The ASA receives a complaint, from a consumer, a competitor or its own proactive monitoring team. It reviews the ad and decides whether to open a formal investigation.

If it opens an investigation:

1. The ASA contacts the advertiser (your client) asking for evidence to substantiate the claims

2. If the ad was produced by an agency, the ASA may contact the agency directly

3. The client and agency submit their response

4. The ASA adjudicates, usually within 3-4 months

5. The ruling is published publicly on the ASA website

6. If upheld, the ad must be withdrawn and not appear again in that form

When Is the Agency Named?

Historically, ASA rulings named the brand. But since 2022, the ASA has increasingly:

• •Referenced agencies in published rulings
• •Contacted agencies directly for substantiation evidence
• •Named agencies in cases involving influencer campaigns they managed
• •Required agencies to have substantiation processes in place

The FTC in the US goes further, agencies that organise and manage influencer campaigns are held directly responsible for disclosure failures under the 2023 Endorsement Guides.

The PI Insurance Problem

Your Professional Indemnity insurance covers professional negligence, work that was below the standard expected of a competent professional.

If a client suffers loss because your agency produced non-compliant marketing copy, they have a claim against you.

The problem: many PI policies now include AI exclusions. If the copy was AI-generated and not properly disclosed, the claim may fall outside your policy.

Ask your broker this question now: "Does our current policy cover claims arising from AI-generated copy that breaches advertising regulations?"

Your Protection: A Documented Review Process

The single best protection against an ASA complaint affecting your agency is a documented compliance review process. Specifically:

• •A timestamped record showing the copy was reviewed before publication
• •Who reviewed it and on what date
• •What was checked
• •What changes were made as a result

This is exactly what Red Flag AI Pro creates automatically. Every scan produces a timestamped compliance report. If the ASA or a client asks "can you prove you reviewed this before it went live?", the answer is yes, with a signed PDF certificate showing exactly what was checked and when.

What to Do If You Get the Call

1. Do not panic. An ASA investigation is not a prosecution. Most investigations are resolved with an agreement to amend or withdraw the ad.

2. Gather your evidence. What substantiation do you have for the claims made? Do you have proof of a compliance review?

3. Contact your PI insurer. Notify them immediately, even if you are not sure a claim will follow.

4. Review your process. Use the investigation as the trigger to put a proper compliance review process in place.

Start Before the Complaint Arrives

Red Flag AI Pro scans client copy against the full ASA CAP Code before it publishes, alongside FTC, GDPR, FCA, ACCC and CASL simultaneously.

Every scan produces a signed PDF certificate. Sentinel plan includes team seats, client workspaces and weekly monitoring of live pages.