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Bulletin: 23/4
Batch: 285
Reference: 40928
Product: Telecommunications
Advertiser: Virgin Media
Influencer:
Agency:
Medium: Internet (Company Website), Online - Company Website
Codes:
ASAI Code 7th Edition: 4.1, 4.4, 4.9, 4.10
A banner on the broadband page of the advertiser’s website stated:
“Hurry! Order before 6pm Monday – Thursday for next day delivery!”
The text ‘next day delivery’ was hyperlinked to the following information:
“If you order before 6pm Monday-Thursday, we will guarantee next day delivery (Exceptions may apply at very busy times of the year like Christmas or other key sales promotion periods). Any orders received outside these times will be processed on the next working day. Promotional gift with purchase delivery is subject to t&cs.”
The complainant ordered broadband before 6pm on Monday the 30th of January and expected to receive their product by the 1st of February at the latest (two days after ordering). The complainant considered that the advertising was misleading because they were contacted by the advertisers over a week after placing their order to arrange delivery, which was well outside the advertised next day delivery claim.
The advertisers stated that they recognised the importance of providing clear and transparent advertising that was accurate and not misleading. They said that they took all complaints seriously and appreciated the importance of ensuring that there was full transparency and clarity in customer communications.
The advertisers stated that next day delivery was currently available on all orders before 6pm Monday to Thursday, however, where a technician was required to install the service (on some fibre homes) then a customer would be contacted by a member of their Customer Service Team to advise and arrange an appointment to suit the customer. They said that this call was made after the order was received. At the time of the order being placed, this process was not automated.
They said that they were in the process of delivering the capability for a customer to know before they placed an order if they required a technician install and it was something that they hoped to have live over the coming months.
In regard to the complainant’s experience, they said that in the absence of their details they were not able to address where the issue occurred in their experience, however, they apologised for the confusion caused to them and assured that they were taking steps to address it.
Complaint Upheld
The Complaints Committee considered the detail of the complaint and the advertisers’ response.
The Committee noted that next day delivery claim applied to orders with the exception of broadband orders requiring an engineer installation. The Committee noted that the claim had included a hyperlink to a disclaimer denoting exception around busy periods, however, no information had been provided in regard to broadband orders that may require an engineer installation. In the absence of such information, the Committee considered that the claim could mislead consumers and therefore was in breach of Sections 4.1 and4.4 of the Code.
Action Required:
The advertising must not reappear in its current form again.The Committee welcomed the steps being taken by the advertiser to implement capability to advise consumers before placing their orders that a technician would be required, however, they requested that consumers also be notified that next day delivery was not available in those circumstances.