1. & 2. Firmus Energy said the claims were based on the number of customers (homes) who had completed the switch process via Firmus Energy's call centre or website as of the dates of the ads. They considered that was the most accurate and up-to-date reflection of the number who had switched because, from their own customer research, they considered that was the point at which customers considered they had changed from one supplier to another. They said there was a ten working day cooling off period required by regulation, and a nine working day objection period from Phoenix Supply. After that, customers were then required to give 28 days notice to switch back to Phoenix Supply. Firmus Energy said their data showed that more than 99% of customers who completed the switch process by call centre or website went on to become customers of Firmus Energy. Firmus Energy said their claims were not based on figures published by the utility regulator in Northern Ireland because they did not believe they showed the most accurate reflection of the market (because of the time delay between the data and the publication of the report) and because the data quoted only the number of customers who had completed the switch (not the number who had registered to change via Firmus Energy's website or call centre).

Firmus Energy said they had no plans to repeat either of the ads again, although they planned to quote the number of customers or homes that had switched in their future ads.

The Radio Advertising Clearance Centre (RACC) said they had seen substantiation which they believed confirmed that the claim in ad (b) was valid and which suggested that the number of customers likely to cancel during the cooling off period was minimal.