Complaint: 10/700

Vodafone Website Advertisement

Details

Complainants
D. Braybrook
advertisers
Vodafone
Year
2010
Media
Digital Marketing
Product
Telecommunications
Clauses
Decision
No Grounds to Proceed
ASA Links
Website Listing
Decision Document

Document


DECISION

Chairman's Ruling
8 December 2010


Complaint 10/700



Complainant: D. Braybrook
Advertisement: Vodafone New Zealand Limited

Complaint: The website advertisement for Vodafone advertised the Ultimate Pack:

"Broadband & Home phone calling bundles"

$100.00
per month

  • Home phone & calling
  • Free modem & broadband

connection

  • Maximum download speed
  • One free Talk 0 plan




Get started on broadband with a 30GB plan which combines your broadband plan and a Vodafone home phone line with local calling. Plus you'll get an unlimited number of calls to one Vodafone NZ mobile number free (Talk 0) and if you sign up to the Ultimate pack and SKY with us, we'll upgrade you to MY SKY HDi for free"

Further down the page under the heading "Broadband offers" it set out the different offers which were:

  • "If you sign to an Ultimate Pack on a 12 month term," (and set out the details of the offer); and
  • "If you sign to an Ultimate Pack on a 24 month term," (and set out the details of the offer).


Complainant, D. Braybrook, said that there was no indication on the website that in order to get the "free modem & broadband" you would have to sign up to a 12 month contract. The Complainant was of the view that the advertisement should have included an indication that the offer was subject to certain terms and that in order to get the deal you would have to sign up to a 12 month contract.

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

The Chairman noted the Complainant's concerns with regard to the advertisement. However, she noted that the advertisement set out the different "Broadband offers" that you could receive under the "Ultimate Pack" - which included the "Free modem and broadband connection". She further noted that it stated clearly in the headline piece of each offer, the term of the offer, by stating "If you sign up to an Ultimate Pack on a 12 month term" or "If you sign up to an Ultimate Pack on a 24 month term". The Chairman said that the terms of the offer, and in particular the term of the contract required to be entered into by the consumer in order to receive the offer, were specified in the advertisement. Accordingly, the Chairman was of the view that the advertisement was not likely to mislead or deceive consumers and there was no apparent breach of Rule 2 of the Code of Ethics.

The Chairman ruled that there were no grounds for the complaint to proceed.


Chairman's Ruling: Complaint No Grounds to Proceed