Complaint: 10/078

Vodafone Website Advertisement


M. Bryan
Digital Marketing
No Grounds to Proceed
ASA Links
Website Listing
Decision Document



Chairman's Ruling

14 April 2010

Complaint 10/078

Complainant: M. Bryan
Advertisement: Vodafone New Zealand Ltd

Complaint: The Vodafone website advertisement featured the following text:
"$2 for 2
Make the most of your phone connection with Vodafone!
Now you can talk for up to two hours right up until the end of January 2010 and pay no more than $2.
Whether you are already a Vodafone customer, or you sign up today, you don't need to do anything if you're on an eligible plan - just pick up your phone and start calling!"
Vodafone mobile customers
Call on any mobile on the Vodafone NZ network, any national landline or overseas landlines in our 30 countries from your mobile in NZ, anytime of the day or night and pay just $2 to talk for up to 2 hours!"
The Advertisement featured a link to another page of "Terms and Conditions" and one of "Frequently Asked Questions".

Complainant, M. Bryan, said that the advertisement displayed on 1st February was misleading.

The relevant provision was Rule 2 of the Code of Ethics.

The Chairman noted the explanation received from Vodafone New Zealand Limited where it said, "The web material pertaining to the "2 for 2" offer was changed prior to 31 January 2010. However, as a result of technical delays, in some instances the opening screen for the "2 for 2" offer continued to show on the Vodafone website for some time on 1 February 2010".
The Chairman acknowledged this response but also noted that the website advertisement clearly advised that the offer was for up "until the end of January", which she said clearly indicated to the consumer that the offer was not available in February. In her view the advertisement could not be considered to be misleading or likely to mislead the consumer and accordingly, there was no apparent breach of Rule 2 of the Code of Ethics.

The Chairman ruled that there were no grounds to proceed.

Chairman's Ruling: Complaint No Grounds to Proceed