MTN in hot water over expiring data

The Advertising Standards Authority of South Africa (ASA) ruled that an MTN commercial advertising its 30GB free data promotion is misleading, because it does not clearly state the limitation of the offer.

An MTN radio commercial stated that “you will get a free Samsung Gear VR plus 30Gigs of free data when you sign up for any Samsung Galaxy S7 or S7 Edge contract”.

One consumer was unhappy about this claim, saying in his ASA complaint that the commercial was misleading as it did not specifically mention that the 30GB offered expires after one month.

“While it is plausible that one could use 30GB of data in one month, this would not likely be the norm,” he said.

“Consumers are misled into expecting to be able to use the 30GB of data for the duration of the contract.”

MTN responded, saying the radio commercial clearly states that terms and conditions apply at the end.

“These terms and conditions are available on its website, specifically Clause 7.4, which reads ‘The FREE 30GB LTE Data Bundle is valid for 30 days from date of activation’,” MTN said.

The ASA was not satisfied with MTN’s explanation, saying the commercial provides no indication that the 30GB of data carries any restriction beyond the amount of data.

“The stock-standard “T’s and C’s apply” does nothing to remedy this, and the actual terms and conditions serve only to contradict the initially unqualified offer,” the ASA said.

The ASA ruled that the MTN advertisement is likely to mislead consumers, and should be withdrawn with immediately effect.

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