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Medium: Direct Mail
Codes:ASAI Code 6th Edition: 2.9, 2.22, 2.24, 2.45
A direct mailing from eircom referred to the following:
Build your perfect bundle for only €24!
“Save up to €378 when you switch all three - broadband, home phone and mobile to eircom…”
“Download and stream with unlimited broadband
Uncongested broadband speeds of up to 24Mb
Huge data allowance that’s perfect for downloading, streaming movies without buffering and gaming without interruption…”
The terms and conditions attached to the offer referenced the fact that:
“Broadband is subject to availability and speeds available may vary…”
The complainant said that it was misleading for the advertisers to say that movies could be streamed without buffering as in his case his broadband buffered most of the time.
The advertisers said that the product advertised was their up to 24Mb uncongested broadband product. It was possible they said to download movies without buffering using this product and they therefore considered this statement to be factually correct. They said that the product was widely available nationally and they currently had multiple thousands of customers using the product.
The advertisers also said that as with all broadband products from all providers, speeds would vary. It was their policy to always give their customers the fastest speed possible at their address. Generally speaking the closer a property was to the exchange cabinet, the faster the broadband would be. The terms and conditions attached to the offer in question had clearly stated that “broadband is subject to availability and speeds may vary.” They considered that as the complainant was experiencing regular buffering that he was probably getting a broadband speed at the lower end of the spectrum, which may be due to the distance of his home from the exchange, the software which he used, other users being connected to the broadband at the same time or the WiFi configuration at the address in question. The advertisers said these factors were all outside of their control. For optimum download experiences, however, they advised their customers to connect directly with their modem via the Ethernet cable provided.
Complaint not upheld
Action Required: No further action was required in this case.