MTN Data / C Robertson / 8757
Ruling of the : ASA Directorate
In the matter between:
Courtenay Robertson Complainant(s)/Appellant(s)
Mobile Telephone Networks (Pty) Ltd t/a MTN Respondent
13 Apr 2007
Courtenay Robertson lodged a consumer complaint against an MTN television commercial promoting its High Speed Data card.
During the commercial, the presenter highlights the benefits of this product. A voice-over states, inter alia, the following:
• “Pay as little as 20c per meg for MTN’s HSDPA, 3G, EDGE, and GPRS”;
• “Buy a 1gig Data Bundle or Price Plan and get an extra 1 gig for free”.
COMPLAINT
In essence, the complainant submitted that the commercial is misleading as it omits to mention that the offer “Buy a 1GB data bundle or price plan now and get an extra 1GB free” is a special that is only valid for the first 3 months.
The complainant further submitted that the commercial fails to mention that after 3 months, the quoted price of 20c per Meg on the 1 Gig data bundle will increase to 40c per Meg.
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
RESPONSE
The respondent submitted arguments on the merits of the matter, but also advised that the commercial has run its course and will not be flighted in that format again.
ASA DIRECTORATE RULING
The ASA Directorate considered the relevant documentation submitted by the respective parties.
The ASA has a long standing principle which holds that where an advertiser provides an unequivocal undertaking to withdraw or amend its advertising in a manner that addresses the concerns raised, that undertaking is accepted without considering the merits of the matter.
The respondent’s undertaking appears to address the complainant’s concerns and there is therefore no need for the Directorate to consider the merits of the matter.
The undertaking is accepted on condition that the commercial, in its current format:
* Is withdrawn with immediate effect within the deadlines stipulated by Clause 15.3 of the Procedural Guide; and
* Is not used again in future.
The respondent’s attention is also drawn to the provisions of Clause 15.5 of the Procedural Guide.
Sign up with Google
