Posted: 22nd Apr, 2009 By: MarkJ
The UK Advertising Standards Authority (ASA) has upheld a complaint against a direct mailing advert for Virgin Media and its broadband ISP service. The advert, which did reference an Acceptable Use Policy (AUP) in the small print, promoted "
Unlimited downloads ... come as standard" but was challenged because restrictions to the service were not made clear.
ASA Ruling
We considered that the "Unlimited downloads" claim was a significant factor likely to influence consumers' purchasing behaviour and the condition attached to it, a traffic management policy at peak hours, should, therefore, be made apparent. We concluded that the mailing should have included a link to the relevant area of such extensive small print to alert consumers that the "unlimited" claim was subject to conditions for some users. We welcomed VM's willingness to add to the small print to clarify that a traffic management policy was in place and asked them to make clear the peak hours when it applied.
The ASA said Virgin Media's mailing had breached CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness). Virgin Media was told that the mailing must not appear again in its current form.