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Bulletin: 22/3
Batch: 279
Reference: 39172
Product: Telecommunications
Advertiser: Sky Ireland
Influencer:
Agency:
Medium: Online - Company Website
Codes:
ASAI Code 7th Edition: 2.4(c), 4.1, 4.4, 4.9, 4.10, 4.22
The Sky Deals webpage advertised various deals for Sky packages. The Black Friday deals included a deal on Sky TV, Broadband and Cinema and stated:
“Sky Cinema with Sky TV & Sky Broadband
+ FREE €50 GIFT CARD WHEN YOU JOIN ONLINE
€60 a month for 12 monthsNo set-up fees apply. Availability subject to location. Further terms apply. Sky TV price will increase on 1 December 2021.”
The complainant viewed the advertisement on the 21st of November and noted that the price for the TV element was increasing on the 1st of December, therefore, the price would be increasing during the first month of a subscription. In the circumstances the complainant considered that the advertised price of €60 a month for 12 months was misleading if the price was going to increase during the first month.
Sky Ireland stated that under their normal process for price increases, they always let customers know in advance in their advertising that the price of a Sky TV product or service was going to increase. They said that this was usually flagged 6 to 8 weeks in advance, and they include it on their website, while existing customers would receive an email and a communication via their online account. They said that they always flag the information in their advertising so that customers are made aware well in advance that the price will go up and they also explain it to customers at the point of sale, giving details on the exact price depending on what is relevant to the customer.
The advertisers said that in this particular case, the standard price of Sky Signature (the basic TV pack included with that offer) increased by €2 on the 1st of December 2021. In the case of new customers, they said that they also had some price protection built into their customer contracts so that new customers do not see any price increase for the first 60 days, and that this was explained at the point of sale. They said that it was not intended to be, nor do they believe it to be, misleading, rather its purpose was to be transparent in their advertising about future price increases and they believed that they go above and beyond to do this for Sky customers.
Complaint Upheld
The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Committee noted that the advertisement was a ‘Black Friday’ deal which was viewed on the 21st of November and that the price increase for the TV element of the package was from the 1st of December, some 10 days later. While the Committee welcomed the transparency in regard to a future price increase and noted that new customers would not see a price increase for 60 days, the advertising had stated that the price was €60 a month for 12 months, when in fact the price would be increasing, and therefore was not valid for the full 12 months of the subscription. In the circumstances, the Committee considered that the advertising was in breach of Section 4.1 and 4.22 of the Code.
ACTION REQUIRED:
The advertisement should not reappear in its current form.