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If you have ever searched for WordPress Hosting on Google or other search engines, you will probably have noticed that many results come up, some of which are rather questionable, in which some providers say, communicate and proclaim themselves to be the Best.
It's no provocation to admit that ultimately it's a question of pure logic: if more than one supplier claims to be the best, surely not all of them can be.
Therefore, it is equally logical to state that there are claims that are in no way verified by independent tests, but that everyone, according to their own perception, has decided to proclaim themselves better, perhaps to have a better "appeal" in the eyes of potential customers. .
Let alone if to declare themselves "The Best" are five or more suppliers who proclaim themselves the best in searches without in the least justifying the comparative criterion for which they affirm and measure this as in the following screen. Which one should be the best out of five companies that claim to be the best? Based on what metrics? What features?
It may also be plausible that some of them are really and truly the best according to very specific metrics, but as anticipated, in the absence of a specific univocal criterion and of an objective and technical evaluation derived from technical advice (perhaps superpartes) it is clear to assume that declaring oneself "THE BEST" is just a claim, a slogan with the clear desired or unwanted effect of influencing the evaluative and decision-making capacity, especially of the less experienced user, and reaping undoubted economic advantages by increasing the number of sales.
This behavior just discussed, however, is ethically and morally questionable.
Although this article was initially intended solely as a criticism of a questionable practice, without intending to lead to any other initiatives, the receipt of a formal notice from a hosting provider who felt defamed by the above-mentioned use of the superlative "The Best" (demanding the removal of the screenshot of the aforementioned Google search) led us to further consider the entire matter and its implications. We have therefore decided to file an official complaint with the Italian Competition Authority (AGCOM), which will diligently evaluate and assess the legality of the practices reported above. We will publish updates and/or any clarifications in this article.
We will therefore ask AGCOM if this form of communication is correct using adjectives that according to the common interpretation, syntactically, grammatically and logically speaking, suggest that the Best Hosting for WordPress is being proposed. Therefore, the Best Hosting for a specific CMS.
In our opinion, however, although there may be different interpretations on the matter from a legal point of view (the stylistic exercise submitted by the lawyer who warned us is noteworthy), we believe that there are foundations and already several rulings for similar cases in which advertising has been declared fundamentally misleading such as, for example, the case of the famous Svelto for Dishwashers, of which you can read the ruling here: https://www.agcm.it/dotcmsCustom/tc/1996/3/getDominoAttach?urlStr=192.168.14.10:8080/C12560D000291394/0/A7443ABB19456056C1257F170046A5E6/$File/p1045.pdf
Or the Rowenta one, which you can read here: https://www.agcm.it/dotcmsCustom/tc/2017/8/getDominoAttach?urlStr=192.168.14.10:8080/C12560D000291394/0/E2DF9D44005796FBC1257D31004F2784/$File/p25023.pdf
In short, in the two cases above, it is clear by reading the documentation as to the use of the "The Best" feature, not being found truthful by the tests performed, Declaration of Misleading Advertising.
What is Misleading Advertising?
In the United States as well as in Europe, misleading advertising is a crime. It is also against the law to use the best word in a misleading way.
It is in fact illegal for a company to use a term that can mislead or confuse consumers as to the source of the goods or services. This includes the use of terms such as "best" and "premier", "best" without proving the accuracy and validity of this claim.
Misleading advertising is a form of advertising that, through a false and distorted message, extols qualities that the product does not possess, deceiving the consumer.
According to the Italian legal system, misleading advertising is " any advertising which in any way, including its presentation, is likely to mislead the natural or legal persons to whom it is addressed or whom it reaches and which, due to its misleading nature, may prejudice their economic behaviour or which, for this reason, is likely to harm a competitor ", as defined in Article 2 of Legislative Decree 145/2007.
Indirect Comparative Advertising
Comparative Advertising is Indirect when the comparison of the advertised brand is aimed at products or services of companies that are not identified or identifiable. The comparison can be made with a plurality of unmentioned competitors ( Indirect Comparative Advertising by Omission ) or by indicating a fictitious brand, using a fictitious name, or by identifying a hypothetical or real competitor that is recalled by innocuous expressions: your usual beer, your normal toothbrush, your old magazines... ( Indirect Comparison by induction or American technique brand X ).
Superlative Comparative Advertising
Superlative advertising is also considered to be comparative advertising when, through the use of the superlative adjective, it exalts the qualities of a product or service by expressing, albeit implicitly, a generic comparison with all products similar or replaceable to the advertised one: the best , the unsurpassed , the unique , the most precise in absolute terms , the most effective , the first , the only , the freshest ...
The conditions of lawfulness of Comparative Advertising
The legislator intended to legalize comparative advertising to exploit its economic benefits and liberalize the market, but it also imposed a series of restrictions, known as conditions of legality , to severely limit this particular type of advertising. Eight restrictive and mandatory requirements are required to pursue only the benefits expected from the proper use of comparative advertising and prevent this form of communication from turning into an act of unfair competition that could discredit the business, products, and services of a competing company, to the detriment of the entire economic system.
Our different communicative approach
The approach that has always been adopted in Managed Server has been to know the characteristics and the various peculiarities of the various international hosting providers. Therefore, when we deal with a customer who asks for guarantees on the advantages that we would be able to give compared to the current solution, we will list certain and guaranteed improvements that he will obtain by passing on our systems.
For example, if we dealt with a specific supplier we would be able to communicate greater performance, rather than comfort or ease of use, in other contexts we would be able to communicate much higher costs and therefore not convenient for those looking for extremely economical solutions. but talking about superlative adjectives such as "the best", "the fastest", "the cheapest", "the most what you want" has never been our intention.
However, even though we are well aware of some facts, and some characteristics that could make us prefer, we prefer to adopt a full and total compliance with the regulations, accepting not to sell like other suppliers, arrogating ourselves the right to say that we are the "Best WordPress hosting ", precisely where there are very precise regulations to be respected.
We are sorry to see companies feel called into question by this article, even going so far as to move their lawyers in a vain attempt to remove this article.
Why don't you get an independent and superpartes evaluation from some entity on very specific metrics that you can use as a Payoff?
A dispassionate advice to those who claim to be the best
There are very important certification bodies such as TÜV Rheinland for example, to which you could propose your technical declarations to be certified, it would be a great source of pride for your business and certainly of a strong emotional and commercial impact towards your customers. Go to them or another accredited body and get certified that you are the best. Until then either you decide to remove that slogan or you will accept criticism such as the one you find above.
For any complaint, please make use of the appropriate judicial offices thanks.
