|
|
|
* Below are the 20 most recent rulings of the ASA. To find out how to view
all the rulings in the ASA database go to the ad library.
| 1.
Outsurance / RR Loots / 21576
(10 May 2013) |
| Mr Loots lodged a consumer complaint against an internet banner advertisement featured on the website www.news24.co.za
The advertisement states, inter alia, the following:
“OUR GIFT TO YOU THIS FESTIVE SEASON
WE’LL PAY YOU R 400 CASH
IF WE CANT BEAT YOUR CURRENT CAR INSURANCE PREMIUM
T’s & C’s APPLY”
The complainant submitted that the advertisement is misleading as it omits the fact that this offer is not applicable to people insuring their vehicles for business use. The advertisement at issue did not allow one to click to access the relevant “T’s & C’s”. After completing the general forms and going through an entire quotation process, it became apparent that the respondent could not beat his current premium. However, when trying to redeem his R400 reward, he was informed that he did not qualify as his vehicle is insured for business use and not personal use. The advertising should rather have stipulated “IF WE CAN’T BEAT YOUR CURRENT PERSONAL CAR INSURANCE PREMIUM”. |
|
more...
|
|
| 2.
PC Format Magazine / K Brand / 21973
(10 May 2013) |
| Mrs Brand lodged a consumer complaint against the respondent’s advertisement published in the April 2013 edition of PC Format magazine.
The advertisement features a woman seated on a toilet with her underwear below her knees. She is shown reading a magazine and the wording above her says, inter alia, “The GTX680 is how big?”
The complainant submitted that the advertisement uses a woman as an object to attract men to their product. Furthermore, the advertisement is sexist and offensive to women. |
|
more...
|
|
| 3.
Makro Hi-Tec Boots / S Bezuidenhout / 21937
(10 May 2013) |
| Mr Bezuidenhout lodged a consumer complaint against internet advertising appearing on Makro’s website www.makro.co.za.
Under its “Men’s Hiking” footwear it shows an image of a pair of Hi-Tec boots and the price is listed as “R 499.00”.
The complainant submitted that the advertised product was not available for purchase at its Strubens Valley branch and as such the website is misleading. |
|
more...
|
|
| 4.
Vodacom Red Price Limitless / N Maharaj / 21904
(10 May 2013) |
| Mr Maharaj lodged a consumer complaint against internet advertising appearing on the link:
http://www.vodacom.co.za/personal/phonesandpackages/findyourperfectplan?icmp=ho_hero1_Red
When the link is accessed the following information is displayed:
“Three quick steps to a worry free price plan
Great benefits
Simple, complete smartphone
price plans for everyone.”
It then lists two types of price plans as:
Smart price plans Red price plans Limitless
From R199 pm From R999 pm
Free minutes, SMS & data Limitless minutes & SMS
You get… You get…
v Perfect Start Up v 24 / 7 expert support
v 2 months free Internet v Multi Data Sim
v Buy-back Programme
Choose a Smart plan Choose a Red plan
The complainant submitted that the advertising was misleading as despite stating that there are “limitless” minutes and text messages starting at the cost of R999, there are limits imposed, and one can only receive “Limitless” minutes at R1 999,00 per month |
|
more...
|
|
| 5.
Cell C 99 Cent For Real (RAdio) / MTN / 20707 (AIT)
(09 May 2013) |
| Webber Wentzel Attorneys lodged a competitor complaint on behalf of MTN against a radio commercial for Cell C’s 99 Cents for Real product offering.
The commercial features an artist with what appears to be an American accent. He says:
“Whari doo. Some people can only make calls from Zone 1 eKasi to Zone 3 for cheaper, only one day of the week? That’s not kwa! Now you can call any network, any time, any place, for only 99c per minute on per second billing. Ayoh, yoh, yoh, yoh, yoh! Yeah I said it! And, existin’ Cell C pre-paid subscribers can cross over to 99c for Real by simply diallin’ 141. Papa’s got a brand new pack! Cell C – the power’s in your hands.”
The complainant submitted, inter alia, that the Cell C commercial makes disparaging remarks about MTN’s “Zone” product and its “Mahala Thursdays” promotion.
MTN Zone is a price plan that offers various discounts to consumers, which may differ depending on the consumer’s location at any given time of day, and the traffic on the MTN network at that time and at that location. “Mahala Thursdays” is a promotion that offers customers a discount of 50% of the value of a recharge voucher if that voucher is purchased on a Thursday.
The complainant argued that the reference to “[making] calls from Zone 1… to Zone 3” would instantly be identified by the hypothetical reasonable person as a reference to the MTN Zone product. The reference to “only one day of the week” will be seen as a reference to the “Mahala Thursdays” promotion. The words “Ayo, yo, yo, yo, yo” will immediately call to mind MTN’s widely used and recognised slogan, “Ayoba”.
MTN has extensively promoted “Mahala Thursdays” and its MTN Zone product. No other mobile network operator has embarked on an extensive campaign offering consumers discounts on a specific day of the week. “Mahala Thursdays” is currently the only promotion of its nature.
The claim, “some people can only make calls from Zone 1 eKasi to Zone 3 for cheaper, only one day of the week”, contains factually inaccurate information. MTN Zone is available every day of the week. The commercial incorrectly groups the complainant’s products as one.
Cell C has said in an explanatory advertisement available on its YouTube channel that the word “kwa” is a colloquial expression meaning “cool”. The use of this word in the context of the commercial can only mean that the MTN offers are not “cool”, which disparages and/or discredits both products. Moreover, the phrase “Ayo, yo, yo, yo, yo! Yeah I said it!” is intended to bring to mind the MTN slogan “Ayoba”, and is particularly antagonistic as the phrase “Yeah I said it” is usually used in circumstances where someone makes a controversial statement and is unapologetic about it. It is clear that the respondent’s disparagement is not incidental, but rather a direct, deliberate and purposeful intent to disparage MTN’s products. The complainant submitted footage of famous stand-up comedian Chris Rock using the phrase “Yeah I said it” in support of its argument. |
|
more...
|
|
|
|
|