MTN tackled over misleading 10GB data bundle
The Advertising Regulatory Board (ARB) has ruled against MTN for misleading customers regarding an advertisement claiming they could get 10GB of data for R99.
The case was brought before the ARB by Grey Holmes, who felt hard done by as the advertisement fails to mention that the 10GB of data comprises 5GB “Anytime Data” and 5GB “Night Express Data”.
Holmes alleged that the advertisement is misleading and should instead specify that the deal includes only 5GB of data to be used at any time and 5GB of data that can only be used between 00:01 and 04:59.
Given the opportunity to respond to the complaint, MTN referred to the “T&C apply” wording it included in small writing at the bottom of the advertisement.
It explained that clause 4 of the Terms and Conditions set out a breakdown of the BozzaGigs bundles. This is summarised in the table below.
| MTN BozzaGigs bundles | |||
|---|---|---|---|
| Price | Total inclusive value | Breakdown of inclusive value | Validity |
| R99 | 10GB | 5GB Anytime Data + 5GB Night Express Data | 30 Days |
| R129 | 15GB | 7.5GB Anytime Data + 7.5GB Night Express Data | 30 Days |
| R149 | 20GB | 10GB Anytime Data + 10GB Night Express Data | 30 Days |
It added that clause 5.6 expressly states that BozzaGigs LTE bundles comprise both Anytime and Night Express data.
“The Advertiser [MTN] submitted that it was clear from the Terms and Conditions and the BozzaGigs webpage that the value of the data offered in the advertisement would include both Anytime Data and Night Express Data,” the ARB wrote in its ruling.
“The Advertiser [MTN] argued, therefore, that any customer who purchased 10GB of data as advertised in the Advertisement would receive all 10 GBs of data, however, certain data may only be used during certain times of the day.”
MTN added that the bundles could be purchased in-store or via USSD and that customers would be advised that terms and conditions apply and receive a copy when buying a bundle in-store.
The ARB weighed the case in terms of Clause 4.2.1 of Section II of the Code of Advertising Practice.
“Advertisements should not contain any statement or visual presentation which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead the consumer,” the clause reads.
It noted that while the amount of data provided to the customer isn’t disputed, how it allocates the data throughout the day is disputed.
“The Directorate accepts that with all advertisements space may be limited, and it may not be possible to include each and every detail of the product in the actual advertisement,” said the ARB.
“However, as a general principle, advertisers cannot use the terms and conditions to fix a misleading impression which has already been created in an advertisement.”
It added that advertisers could only elaborate or give further information about products and deals in the terms and conditions or include details that don’t materially change anything about the offer.
“By way of example, the Advertisement could have had an asterisk next to the ’10GB’ with a corresponding asterisk at the bottom of the advertisement which states ‘Split between day and night data. T&Cs apply’,” the ARB said.
Based on the provided evidence and MTN’s response, the ARB found the advertisement to be misleading and that it contravenes Clause 4.2.1 of Section II of the Code of Advertising Practice.
MTN is required to:
- Withdraw all advertisements advertising 10GB for R99 without qualification. The process of withdrawing the claim must be actioned with immediate effect; and,
- The process of withdrawing advertisements must be completed within the deadlines stipulated in Clause 15.3 of the Procedural Guide.
MTN told MyBroadband it would comply with the ARB’s ruling.
“MTN has noted the Advertising Regulatory Board ruling regarding the complaints brought forward by Grey Holmes towards MTN BozzaGigs 10GB advertisement,” it said.
“MTN will comply with the rulings, and is currently in a process of removing all BozzaGigs 10GBs advertisements from our stores and other advertising platforms is currently underway and is being done with urgency.”
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