ASA rules against HTC

daveza

daveza

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http://www.asasa.org.za/ResultDetail.aspx?Ruling=4238

HTC Cellphone TYTN2 / JH Potgieter / 10951

Ruling of the : ASA Directorate
In the matter between:
Mr JH Potgieter Complainant(s)/Appellant(s)
HTC Corporation Respondent

04 Jun 2008
Mr Potgiter lodged a consumer complaint against HTC packaging for the TyTN2 handset.

The packaging states, inter alia, “Built-in GPS navigation”.

COMPLAINT
In essence, the complainant submitted that the packaging states that the phone has a built-in navigation. However, in order to use it one has to buy additional software at R700,00. The advertisement is therefore misleading.

RELEVANT CLAUSES OF THE CODE OF ADVERTISING PRACTICE
In light of the complaint the following clauses of the Code were taken into account:

• Section II, Clause 4.2.1 – Misleading claims

• Section II, Clause 19 – Pricing policy

• Section IV – Clause 4 – Non-availability of advertised products

RESPONSE
All reasonable attempts were made by the ASA Directorate to elicit a response from the advertiser, but the advertiser failed to respond.

ASA DIRECTORATE RULING
The ASA Directorate considered the relevant documentation submitted by the complainant.

All reasonable attempts were made to obtain a response on the merits of the matter from the advertiser but it failed to respond. Accordingly, the Directorate had no option but to rule based on the information put forward by the complainant.

The complainant submitted that the built-in GPS system requires one to purchase additional software amounting to R700,00. The respondent did not dispute this.

Clause 4.2.1 of Section II states that advertising should not contain any statement or visual presentation which, directly or by omission, ambiguity, or exaggerated claim, is likely to mislead the consumer about the advertised product.

The packaging states “Built-in GPS navigation” as part of the features listed under the heading “Highlights”.. It creates the impression that the software is ready to be used after purchasing the handset. A hypothetical reasonable person would therefore not expect to pay an extra cost in order to activate the software. It appears that the other “Highlights” indicated, such as “Adjustable touch screen angle…” and “Windows Mobile ® 6…” are already fully installed on the device. Given this, the hypothetical reasonable person has no reason to expect any exception to apply to the “Built-in GPS navigation”.

According to the complainant the packaging makes no mention that the software has a separate price. From the images supplied by the complainant, the Directorate could also not locate any mention of this. The packaging therefore omits crucial information that will influence consumers in deciding whether to purchase the handset or not.

Based on the above the advertisement is misleading and in contravention of Clause 4.2.1 of Section II.

In light of the above finding, the respondent is required to:



withdraw the packaging in its current format;


the process to withdraw the packaging must be actioned with immediate effect on receipt of the ruling;


the withdrawal of the packaging must be completed within the deadlines stipulated by Clause 15.3 of the Procedural Guide; and


the packaging may not be used again in its current format in future.

In light of the above decision, it is not necessary for the Directorate to consider the remaining clauses at this stage.

In view of the fact that the respondent has not responded and an adverse ruling has been made, the ASA will issue an Ad-Alert to its members with reference to the advertisement in question.

The complaint is upheld.
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I'm not sure I agree with the ruling... Your thoughts ?
 
How on earth can software that has to be purchased for an additional R700 be considered built-in?
 
I agree with the ruling, just not too sure how ASA will be able to enforce it? We have no local HTC presence, the goods are merely distributed by Leaf.
 
Its good!
How can they develop free maps like Leaf Locate, but then the software cannot work with the built in GPS, very stupid, but then again the N95 should be the same and nokio should be fined as well.
 
I imagine it depends on the definition of GPS.

Is it the capability of the unit to locate coordinates, or the function of displaying them via software ?
 
daveza said:
I imagine it depends on the definition of GPS.

Is it the capability of the unit to locate coordinates, or the function of displaying them via software ?
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If you can't use it when you take the phone out the box, it's not built-in.
 
I would have thought some simple software upgrade could have fixed the problem for HTC.
Something that just displayed the current coordinates would have done.
Hardly useful for most but would have got them around the ruling i would have thought.
 
true, but once again not too difficult
1)heres your current position
2)enter position of where you want to go to
end result - Course 180degrees distance 25.6 mile
Can be done on a screen with no maps
GPS Navigation


I think the rulings right cos without the maps installed it won't even show you coordinates
 
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I was thinking about this yesterday, coincidentally. Obviously they mean that the hardware is there, but they do make it sound like you can take it out the box and start navigating. I was pretty disappointed to find that Leaf Location didn't use GPS - I didn't expect great free software, but I didn't expect to have to pay an additional R700 either.

Overseas it comes with a trial version of TomTom; here it comes with nothing.
 
...well if the same could be accomplished with 3rd party software then this ruling seems wrong as there is a built-in gps reciever.
 
daveza said:
I imagine it depends on the definition of GPS.

Is it the capability of the unit to locate coordinates, or the function of displaying them via software ?
Click to expand...

My understanding of GPS is that it is the actual hardware. GPS Navigation on the other hand is that it will tell me how to get from A to B
 
Perhaps they excluded gps software because I'm not convinced that there is software for road (turn by turn) navigation actually works properly on this device.

This is mainly due to the poor performance related to graphic functionality of the device.

I havent personnaly tested Navigon - I have however tested Diginav and Tomtom. Both function very poorly compared to other mobile devices even as old as four years.
 
daveza said:
I imagine it depends on the definition of GPS.

Is it the capability of the unit to locate coordinates, or the function of displaying them via software ?
Click to expand...

The word "Navigation" implies instruction on how to get somewhere... i.e. turn here, go there for this long etc etc..

Now if you were a pilot... and your navigator was only able to provide information on your current position (in the form of co-ordinates) I'd really suggest you find a new navigator.... preferrably before you hit some large obstacle pretruding from the ground :)
 
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Skeptik said:
Nice fair ruling. They should change it to "GPS Ready" or "Software Purchase Required". It always amazes me when these big companies act all surprised at being caught out.
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Just advertise it with "GPS". :)
 
LandyMan said:
I agree with the ruling, just not too sure how ASA will be able to enforce it? We have no local HTC presence, the goods are merely distributed by Leaf.
Click to expand...

Quite easy, the ASA asks ICASA to remove or revoke the device type approval making its sale within (and importation to) South Africa illegal.

The ASA finding is correct. It should have either have been supplied with some basic GPS software or clearly stated "GSP Ready" with additional software option.
 
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