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Codes:ASAI Code 6th Edition: 1.6(c), 2.22, 2.23, 2.24, 3.16
The advertisement referred to the following:
“Introducing new Vodafone TV
It’s a new way to watch.
TV & Broadband for €40 a month, plus 6 months of Netflix included.
Power to you
Come in store or call 1800…”
The small print at the bottom of the page included the following information:
“18-month contract. €40 a month for the first 6 months, then €70 per month. Minimum Vodafone Broadband connection speed of 40mbps. Subject to availability. T&C apply. New Netflix customers – fee will apply after 6 months, unless cancelled - See Vodafone.ie”
The complainant considered the advertising to be misleading as he considered the relevant information pertaining to the offer to be hidden in the small print i.e. that the offer was for a six month period, thereafter there was an increase of 75% in the price alongside a contract period of 18 months.
The advertisers said that they considered the font size used to be of sufficient size, prominence and to be easily legible. Furthermore they said they considered the small print to be linked to the main copy as it had appeared on the same page. They did not consider their advertising to be misleading.
The Complaints Committee considered the details of the complaint and the advertisers’ response. The Committee noted the font size used by the advertisers. They also noted that there was no indication in the main heading that the monthly cost was an introductory offer. While this was noted in the footnote, it was a major condition that should have been highlighted in the main copy.
The Committee pointed out that information being present on the same page did not mean that it was linked. Linking occurred through the use of an asterisk or similar.
The Committee considered that the advertisement was in breach of Sections 2.22, 2.23, 2.24 and 3.16 of the Code.
The advertisement should not be used in the same format again. The Committee reminded all advertisers that care should be taken to ensure that any major conditions attached to an offer are printed in the main copy of the advertising.