Necuno
Court Jester
- Joined
- Sep 27, 2005
- Messages
- 58,566
- Reaction score
- 3,437
taken from
http://www.asasa.org.za/ResultDetail.aspx?Ruling=3895
http://www.asasa.org.za/ResultDetail.aspx?Ruling=3895
04 Oct 2007
Mr Otto lodged a consumer complaint against OpenWeb’s internet advertising on www.openweb.co.za, promoting its OpenBrowse product.
The claim reads, inter alia,
“OpenBrowse allows you to browse internationally after you have reached your cap! OpenBrowse runs over your remaining local bandwidth after your initial cap has been reached”.
COMPLAINT
The complainant submitted that the advertisement is misleading as it fails to mention salient points:
• You will need to download software in order to make use of this service.
• The software will only install onto a Windows based workstation.
• Only one machine will be able to browse web pages.
• You will not be able to download e-mail or other content.
RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE
In light of the complaint Clause 4.2.1 of Section II (Misleading claims) of the Code was taken into account.
RESPONSE
The respondent submitted that it will amend its FAQ (Frequently Asked Questions) under the OpenBrowse page. This will now explain what OpenBrowse can and cannot do.
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 indicated that its OpenBrowse advertising will be amended, specifically its FAQ section. This undertaking appears to address the complainants’ concerns. Accordingly, there is no need for the Directorate to consider the merits of the matter.
This undertaking is therefore accepted on condition that the advertising complained of is amended in its current format within the deadlines stipulated in Clause 15.3 of the Procedural Guide and is not used again in future.
The respondent’s attention is drawn to Clause 15.5 of the Procedural Guide