Advertisment
The eir Mobile website provided details of various phones that were available to order. The Sony Xperia XA1 was advertised with a promotional price offer of €40 off.
Details of the phone were provided:
“Sony Xperia XA1
The powerful Xperia XA1 features an impressive camera, elegant design and smart battery management.
€40 off”
Underneath the phone details were a list of the Bill Pay Plans available and the price of the phone with each plan. One of the plans, Select 1GB, was advertised as:
Price Promo Calls Texts Data Phone Cost
€30 €30 a month 100 minutes Unlimited 1GB €99
Thereafter Enjoy at home
Or in the EU
Complaint
The complainant considered that the advertised price promotion of €40 off the phone was misleading as the price of the phone for the plan that they were interested in, Select 1GB, had been priced at €99 for the past number of months, even after the promotion went live.
Response
The advertisers acknowledged receipt of the complaint and advised it would be referred to the relevant department. No further response was received.
Conclusion
Complaint Upheld.
The Complaints Committee considered the detail of the complaint. The Complaints Committee, while noting that the advertiser had acknowledged receipt of the complaint, expressed concern at their failure to respond. They reminded them that there is an onus on advertisers to ensure that their advertising is in conformity with the Code.
In the absence of a response from eir the Committee concluded that the advertisement was in breach of Code sections 3.10, 4.1, 4.4, 4.9, 4.10 and 5.5 of the Code.
ACTION REQUIRED:
The advertisement must not reappear in its current form. The Committee told eir to ensure that future similar promotions were correctly advertised.