• Cookies Policy
  • ASAI and Remote Working
  • Links
  • Publications
Ph: (01) 6137040 // Email: standards@asai.ie
linkedin
twitter
  • Welcome
  • Make a complaint
    • Advertisement or Promotion
    • Online Behavioural Avertising
  • About ASAI
  • Advertising & Self Regulation
  • ASAI Code
  • Complaints Bulletins
  • News

Telecommunications

April 18, 2019
by Seona Parker
Comments are off

Print This Post Print This Post
Bulletin: 19/2
Batch: 254
Reference: 32692
Product: Telecommunications
Advertiser: Lycamobile
Influencer:
Agency:
Medium: Email
Codes:
ASAI Code 7th Edition: 2.4(c), 4.1, 4.4, 4.9, 4.10, 5.15(a), 5.15(e)

  • Advertisement
  • Complaint
  • Response
  • Conclusion
  • A promotional direct email offer from Lycamobile stated:
    “GET THE YEAR’S BIGGEST SAVINGS. THE GREAT BLACK FRIDAY OFFERS!
    2 MONTHS FREE WHEN YOU BUY 1 MONTH. Offer valid – 23 to 26 Nov.
    IRELAND PLUS €45 €15 - 3 months
    25GB Data. Unlimited National Mins & Texts
    Unlimited Poland & Romania Lycamobile Calls – BUY NOW”

  • The complainant, who had been a Lycamobile customer since late 2017, signed up to the offer. He said that he did not receive the advertised two free months and, on enquiry, was informed that the offer was for new customers only as outlined in the terms and conditions on the advertisers’ website.
    The complainant queried why the offer had been sent to him, an existing customer, if it was the case that he was unable to avail of it.

  • The advertisers confirmed that the offer had only been open to new customers. They also confirmed that the email had not only been sent to potential new customers but also to existing customers.
    The advertisers said that, in the email which was sent out, they had not stated in the body of the email that the promotion was only open to new customers. To avail of the promotional offer, however, the customer had to press on the “Buy Now” button which took them to the landing page where the terms and conditions of the offer were set out. They pointed out that the terms and conditions had included the following:
    Black Friday Offer
    The Black Friday offer is applicable to selected bundles and is available only to new online customers ordering a SIM with plan.
    To benefit from this offer, customers will be required to pay only the first month and must enable autorenewal for the bundle. By selecting autorenewal, the second and third month will be renewed automatically without further charge. From the fourth month, the original bundle plan charge will be applied when auto renewing.
    The advertisers said that even if existing customers had not read the terms and conditions, it would have been clear to them when they went to purchase the promotion that the offer was for new customers as they would have had to fill in their details to become customers and agree a contract with the Provider.
    The advertisers said it was their opinion that the only way the complainant may not have been unaware that the offer was for new customers only was if he paid for his normal bundle without clicking the “BUY NOW” button.

  • The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Complaints Committee considered that the majority of consumers would be of the view that if a promotional email was sent directly to them from their provider, they would qualify for the offer(s) contained within the email. The Committee considered that it was a major condition that the promotion was only available to new customers and, as such, this should have been referenced in the main copy of the advertisement.
    In view of the fact that the advertisement had not referenced the fact that the offer was applicable to new customers only in the body of the advertisement, the Committee concluded that the advertising was likely to mislead and to be in breach of Sections 4.1, 4.4and 5.15(e) of the Code.
    The Committee upheld the complaint.

    ACTION REQUIRED
    The advertising should not be used in the same format again.

Social Share

    Complaints Bulletins

    • Complaints Bulletins
      • 22/4
      • 22/3
      • 22/2
      • 22/1
      • 21/5
      • 21/4
      • 21/3
      • 21/2
      • 21/1
      • 20/6
      • 20/5
      • 20/4
      • 20/3
      • 20/2
      • 20/1
      • 19/6
      • 19/5
      • 19/4
      • 19/3
      • 19/2
      • 19/1
      • 18/5
      • 18/4
      • 18/3
      • 18/2
      • 18/1
      • 17/5
      • 17/4
      • 17/3
      • 17/2
      • 17/1
      • 16/7
      • 16/6
      • 16/5
      • 16/4
      • 16/3
      • 16/2
      • 16/1
      • 15/6
      • 15/5
      • 15/4
      • 15/3
      • 15/2
      • 15/1
      • 14/8
      • 14/7
      • 14/6
      • 14/5

    Search:


    Filter by:

    Reset

    ©ASAI 2021 // 7 Herbert Street, Dublin 2, D02 K838 // Ph: (01) 6137040
    website by smudge design
    /* ----------------------------------------- */ /* Content Template: Complaint_Content_Type - start */ /* ----------------------------------------- */ /* ----------------------------------------- */ /* Content Template: Complaint_Content_Type - end */ /* ----------------------------------------- */
    This website uses cookies to improve your browsing and interactive experience. If you are happy to proceed with this, please click Accept

    If you wish read more about our cookie policy please Read More
    Privacy & Cookies Policy

    Privacy Overview

    This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
    Necessary
    Always Enabled
    Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
    Non-necessary
    Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
    SAVE & ACCEPT