Advertisment
A Vodafone Home Phone and Broadband leaflet advertising various packages stated:
“Landline plus internet
What is it? Home Superfast Broadband and calls
Price €40
Speeds (up to) 70Mbps/24Mbps
Broadband Usage Unlimited
Calls 100 mobile, Landline, & International Minutes.
What is it? Home Extra Superfast broadband with extra allowance and lots of calls
Price €47.50
Speeds (up to) 70Mbps/24Mbps
Broadband Usage Unlimited
Calls 100 mobile and Intl landline minutes, plus unlimited local and National & UK landline Calls.
What is it? Home Max The elite package, ideal for a busy house. For those who love to spend time online with lots of calls for calling everyone.
Price €55
Speeds (up to) 70Mbps/24Mbps
Broadband Usage Unlimited
Calls 200 minutes to mobile and international landlines, 30 mobile minutes to Aus, UK, USA, NZ plus unlimited Local and national & UK landline calls.
Complaint
The complainant was presented with the leaflet when a Vodafone sales agent called to his home. The complainant was interested in the advertised ‘Superfast’ up to 24Mb plan, with an option to upgrade to 70Mbps later as he had a weak broadband signal at the time. After switching to Vodafone he noticed that his broadband speed was less than 1Mb and when he made enquiries with Vodafone he was advised that his phone line could only support 2Mb speeds without congestion. He considered that the reference to “Superfast” broadband was misleading as Vodafone were aware of the limitations of his line when they both advertised and sold the product.
Response
Vodafone stated that they always ensure that any statement in relation to speed is qualified by use of the words “up to”. They stated that this qualification was expanded upon in their Terms and Conditions on their website where they note that the actual line speed was dependent on distance and line quality. They stated that their use of the words ‘up to’ was in line with the ASAI’s 2008 Advice Note to Broadband Providers which outlined that where broadband speeds are described by the maximum speeds attainable, they must be described as an ‘up to’ speed. They also referred to the fact that the speeds advertised and the attainability of them would have been tested and substantiated by them prior to launching their campaign.
Further Information: In response to Vodafone’s comments, the Secretariat requested copy of the evidence of the speed testing and attainability of the speeds.
In reply, Vodafone stated that at the time of the advertisement they could return “up to 24Mbs’ for customers whose telephone line was on an exchange served by ADSL/ADSL+2 technology. They stated that this was worldwide standard for broadband and accepted globally and that the maximum download speed of ADSL+2 technology was 24Mbs.
They also stated that at the time of the advertisement, they could further return “up to 70Mbs” for customers whose exchange was serviced by VDSL. At the time of their response, they stated that they were now in a position to provide up to 100Mbps due to a vectoring upgrade by eircom. They stated that this speed was a standard as verified by eircom who are the wholesale service provider of their broadband offerings. They reiterated that the speed a customer would experience can be affected by a number of factors including but not limited to, the condition of copper wire and distance between the exchange and the customer’s home.
The Secretariat noted that, while Vodafone did not provide any comments on the use of the term “Superfast” to describe an up to 24Mbps broadband service they had stated that they were no longer using the term “Superfast” to describe their 24Mbps product.
Conclusion
Complaint Upheld In Part
The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Committee noted that the advertisement had included the reference to the speeds being ‘up to’ speeds notifying consumers that the speed referred to was the maximum speed available. The Committee were aware of the standard practice regarding the use of ‘up to’ and that it covered a range of speed variables.
In relation to the use of the word ‘Superfast’ the Committee considered that describing a plan with a speed of “up to 24Mbps” as “Superfast” could be considered to be exaggeration. In the circumstances they considered it was in breach of Section 2.24 of the Code.
Action Required The Complaints Committee noted that Vodafone were no longer using the claim “Superfast” to advertise products with speeds of up to 24Mbps.
Notwithstanding current acceptable practice in regards to the use of ‘up to’, the Complaints Committee had concerns about whether it had the potential to mislead, depending on the percentage of customers who could actually achieve the headline speed. In the circumstances they requested that the Secretariat seek information from all operators in this area and report back to the Committee.
