Ad description
A TV ad and a social network page for T-Mobile and the website www.t-mobile.co.uk:
a. The TV ad stated "At T-Mobile we've found out Britain loves an extra day off ... And we really love a bargain! So top up £10 a month on pay as you go and get unlimited free texts forever". On-screen text stated "Texts applied and last for following month. Terms apply".
b. The social network page stated "Get unlimited FREE texts forever when you top up £10 a month on T-Mobile".
c. The web page stated "Unlimited free texts - forever - top up £10 each month and choose from unlimited free UK texts, 100 free UK minutes, free international minutes or free BlackBerry services".
Issue
Two complainants challenged whether the claim in all three ads that the texts would be included "forever" was misleading and could be substantiated, because they did not believe that the advertisers would be able to demonstrate that the service offered would be available indefinitely.
Response
T-Mobile said customers who topped up by £10 a month would receive unlimited texts for as long as they continued to top up at that rate. They said they had no business plan to remove the offer from customers who had joined during the offer period and who continued to top up by at least £10 a month.
Clearcast said they had received assurances from T-Mobile that any customer signing up for the offer and who continued to top up (by at least £10 a month) would receive the texts indefinitely.
Assessment
Not upheld
The ASA noted that they had received T-Mobile's written response that they had no business plan to remove the offer of unlimited texts for customers who topped up by £10 or more per month and had joined during the offer period. We noted that Clearcast had received the same assurance. We considered consumers were likely to interpret the claim as containing an element of advertising puffery and were unlikely to infer that texts would be available literally forever. Because of that, and because T-Mobile had given their assurance that they had no business plan to remove the offer for customers who joined during the offer period, we concluded that the claim was not misleading.
We investigated ad (a) under BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
and
3.4
3.4
Standards set to secure the standards objectives [specified in para 3(e) above] shall in particular contain provision designed to secure that religious programmes do not involve:
a) any improper exploitation of any susceptibilities of the audience for such a programme; or
b) any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination."
Section
3.9
3.9
Broadcasters must hold documentary evidence to prove claims that the audience is likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
6).
(Misleading advertising) and
3.9
3.9
Broadcasters must hold documentary evidence to prove claims that the audience is likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation) but did not find it in breach.
We investigated ads (b) and (c) under CAP Code (Edition 12) rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. and 3.2 3.2 Obvious exaggerations ("puffery") and claims that the average consumer who sees the marketing communication is unlikely to take literally are allowed provided they do not materially mislead. (Misleading advertising) and 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation) but did not find them in breach.
Action
No further action necessary.
