In August 2013 Cell C forced Telkom Mobile to amend its 29c per minute Sim-Sonke advertising after lodging a successful complaint with the ASA.
Cell C said that Telkom should highlight that the 29c call rate is only available for Telkom to Telkom calls in areas where Telkom Mobile has coverage.
Telkom Mobile undertook to change its advertising to reflect the limitations, but Cell C later lodged a breach complaint with the ASA arguing that the advertising was not changed as promised.
“Telkom Mobile continues to make the unqualified claim that it offers ‘SA’s lowest prepaid call rate’, without clarifying any of the limitations to the consumer,” Cell C said.
The ASA did not agree with Cell C, pointing out that material changes have been made to Telkom Mobile’s Sim-Sonke advertising.
The ASA said that Telkom Mobile’s website clearly shows that terms and conditions apply and that the advertised 29c per minute applies to Telkom Mobile to Telkom Mobile calls, whilst 75c per minute applies to other SA networks and landlines.
“Similarly, the television commercial also showed the same disclaimer that appears on the webpage with some measure of prominence, thereby negating the allegation that an unqualified claim is still being used,” the ASA said.
The ASA subsequently dismissed Cell C’s breach complaint.