Cell C recently published a print advertisement featuring three call out blocks – the first one in Blue reflecting a price of R2.99 per minute; the second in yellow and reflects the price of R2.98; and the third in red reflecting a price of R1.50 per minute. The headline reads “talk whenever you want for R1.50 \/ minute” which is followed by the following body-copy: “You can now call any network, at any time of the day for R1.50 \/ minute. With our all day rate it’s that simple…”<\/p>\n
This advertisement is likely to create the impression that Cell C’s call rates (in Red) are cheaper than Vodacom (in Blue) and MTN (in Yellow). Vodacom did not take this lying down, and lodged a complaint at the Advertising Standards Authority of South Africa (ASA), arguing that the advertisement is incorrect and therefore misleading.<\/p>\n
“Vodacom’s 4U tariff plan charges R2.99 per minute during peak times off net, R2.85 during peak times and R1.12 per minute during off peak times on-net,” Vodacom said. The company added that the advertisement as a whole distorts Vodacom’s pre-paid tariffs, it disparages against the complainant and constitutes unfair comparison.<\/p>\n
Werksmans Attorneys on behalf of Cell C submitted that the advertisement will not be published in future, something which automatically means that there will be no action against Cell C. “The ASA has a long standing principle which holds that where an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, the undertaking is accepted without considering the merits of the matter,” the ASA said in a statement.<\/p>\n