The eir TV coverage map for the Dublin area portrayed the rollout dates for the TV service by coloured areas on the map. A guide underneath the map identified what each colour meant stating:
“Now available” was identified as green;
“September – December 2015” was identified as blue; and
“January – March 2016” was identified as orange.
The vast majority of the Dublin area was coloured green.
The complainant reviewed the coverage map and noted that his home was within the area identified as having the eir TV service available. He contacted eir to sign up to the service but was informed that the service was not currently available in his area. The complainant considered that the coverage map was misleading as it had incorrectly identified areas in Dublin as being able to avail of the eir TV service.
The advertiser acknowledged and apologised that their TV coverage map had not been updated regularly enough over the past number of months. They said that the map should have included the statement that it was an illustrative guide only and was not a guarantee of availability of their TV service. They removed the webpage from their site and stated that if a consumer wished to check the availability of their TV service they would be re-directed to their general coverage map page which was up-to-date and clearly showed that services/products were available to them. They said that they had also included the following statement on their broadband coverage map page:
“This map is an illustrative guide only and not a guarantee of availability. For precise results, use eir fibre availability checker below.”
The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Committee noted that the eir TV coverage map had not been updated and had therefore, incorrectly indicated that some areas of Dublin could avail of the eir TV service. They welcomed the action taken by the advertiser when brought to their attention. As the advertisement had been incorrect, however, the Committee considered it was in breach of Section 4.1 and 4.9 of the Code.
In view of the action taken by the advertiser in removed the incorrect coverage map, no further action was required.