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Bulletin 09/6  
Batch No. 189  
Ref 12285  
Product Telecommunications  
Advertiser 11890 Directory Enquiries  
Agency  
Medium Radio  
Complaint
Advertisement:
“Get free directory enquiries with 11890. Text us for any number and we’ll answer you for free. That’s right free, not a cent, not a sausage. Now repeat after me, directory enquiries come free with 11890. Free and cheerful. 11890 recession beating directory enquiries.”

“Standard charges may apply from your network provider, see 11890.ie.”

Complaint:
The complainants, Chemistry on behalf of their client eircom, challenged the advertisement as they considered that it breached sections 2.22, 2.23 and 2.24 of the Code. They contended that the ‘free’ service involved hidden charges and that the presentation of the marketing material did not clearly explain the additional cost. They also considered that the advertisement aimed to mislead consumers in an ambiguous description of the service.
2006 Code

2.22 2.23 2.24  

2002 Code

    

Response
The advertisers stated that 11890 offered free Directory Enquiries by text message. They said that they had communicated this in their advertising campaigns. The stated that the claims in advertisement were not untruthful, misleading or ambiguous and therefore they did not consider that there was a basis for such a complaint.
Conclusion
Complaint Not Upheld

The Complaints Committee considered the detail of the complaint and the advertisers’ response. They considered that the advertisement made it clear that while there was no payment to the advertisers for using their Directory Enquiry text service, there may be a standard text charge payable to the users own mobile providers. They did not consider that the Code had been contravened.

Action Required:
While not upholding the complaint the Committee cautioned the advertisers to exercise due caution in the presentation of information where advertisements contain the offer of a free product or service.