Telecommunications

A brochure for An Post Mobile promoted its prepaid mobile plans. Two faces of the brochure described the plans available and stated the following:

50GB Data + 500 mins for just
12.99 per month
99% 4g nationwide coverage, price locked for life
Sign up at your local post office or at anpost.com/mobile
Small print: Fair usage and T&C’s apply.
Top up required every 31 days for auto top up, otherwise 28 days.




Pick a plan to suit you.
no bills, contracts, or price increases.
€12.99 Top-up
50GB data
500 minutes
300 minutes & 300 texts between An Post Mobile customers
€15 Top-up
25GB data
Unlimited calls
Unlimited texts
€18 Top-up
Unlimited data
Unlimited calls
Unlimited texts

The complainant considered the advertising misleading on the basis that the brochure did not stipulate that the advertised prices were available only to new customers and not existing ones.

The advertisers stated that being open and transparent in all of their communications was central to how they communicated with their customers, and they prided themselves on always putting the customer first in everything they did.

They stated they were disappointed to read that one of their customers felt that their promotional offer was misleading. However, noted that all of their in-store promotional material, together with their brochures, referenced that: Terms and conditions apply. Auto top-up €18 for 31 days unlimited allowance otherwise 28 days. See anpost.com/mobile for details. And said this was standard practice across the industry.

Upheld:
The Complaints Council considered the detail of the complaint and the advertisers’ response.

The Council observed that, although the advertisement included an invitation to “sign up” for the promoted plans, it did not clarify that the advertised prices were exclusively available to new customers, and not to existing customers seeking to sign up to a new plan.

The Council noted that, although the first page of the advertisement included a reference to terms and conditions in the small print, this was not made sufficiently clear throughout the advertisement, particularly in the sections where prices were listed, as there was no use of asterisks to direct consumers to this important information.

The Code requires under Section 5.16 that “Any terms or conditions, the effect of which is either to exclude some consumers from the opportunity to participate, or to impose requirements that are likely to affect a consumer’s decision whether or not to participate, should be clearly and prominently stated so as to be clear to the consumer before any commitment is made”. As such, the Council concluded that the absence of clear signposting throughout the advertisement was likely to mislead and in breach of Code sections 4.1, 4.4 and 5.16.

Action Required:
The advertisement must not reappear in its current form.