Commercial exam trainer AthenaStudies has received a reprimand from the Advertising Code Committee. The company is accused of unfair advertising practices and has been ordered to cease these activities.
The Committee’s decision follows a complaint about AthenaStudies’ advertising methods in at least eight instances. According to the complainant, the company uses so-called ‘ambassadors’ (students working for Athena) to create advertising groups on various social media platforms without making it clear that these are advertisements.
Additionally, the company used logos, images, and email addresses that suggested a formal connection with a university, even though no such relationship existed. Complaints have been made concerning the University of Groningen, the University of Amsterdam, Vrije Universiteit Amsterdam, and TU Delft.
Unfair advertising
According to the Advertising Code Committee, AthenaStudies is in violation of Article 7 of the Dutch Advertising Code, which stipulates that advertising must not be unfair. Advertising is considered unfair if ‘it significantly distorts or could distort the economic behaviour of the average consumer […] with respect to the product. Misleading advertising and aggressive advertising are deemed unfair.’
The Committee has recommended the company immediately stop this type of advertising. Although this recommendation is not legally binding, it is usually followed, as the Committee later checks whether the company has corrected its behaviour.
If not, the company will be listed on a public ‘non-compliant’ list—a roster of companies not adhering to legal regulations.
WhatsApp Groups
AthenaStudies made headlines in 2023 when UKrant revealed that the company used deceptive methods to advertise its services. They created WhatsApp groups to gather as many students as possible and then marketed their products.
These groups had names like ‘UG Law Year 3’, used the UG logo as their image, and included descriptions that suggested they were regular study groups where students could exchange tips. Nowhere did it indicate that the channel was used for promoting Athena’s training and summaries.
Staged interactions
Meanwhile, the groups were managed by students working for Athena. These students received detailed scripts and were instructed to carry out specific tasks with multiple students in the app group.
They were directed to praise the offered training, and any messages about competing services were to be quickly overshadowed by highlighting the excellence of Athena’s training. Students offering free exam training were removed from the group.
Protected
After the UKrant publication, UG instructed the company to stop using the UG logo immediately. The university also considered filing a complaint but ultimately did not proceed.
The Department of General & Legal Affairs is satisfied with the Advertising Code Committee’s ruling. ‘We are all very pleased with it’, stated a written response to UKrant.
‘Our students and staff are protected, and this provides students participating in WhatsApp groups with certainty that if a commercial party is involved, this must be disclosed.’