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Home Rulings TELKOM / SAMSUNG GALAXY J7 DUO / PAUL VAN RAMESDONK / 2018 - 7903F

TELKOM / SAMSUNG GALAXY J7 DUO / PAUL VAN RAMESDONK / 2018 - 7903F

Mr van Ramesdonk lodged a consumer complaint against the Respondent’s online advertising appearing at: https://secure.telkom.co.za/today/shop/personal/device/Samsung-galaxy-j7-duo

The advertisement states, inter alia, the following:

"Storage: 32 GB, 4GB RAM”

COMPLAINT

The Complainant submitted that the advertisement was misleading as one only receives a device with 3GB RAM and not 4GB RAM as shown on the website. 

RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE

In light of the complaint Clause 4.2.1 of Section II of the Code (Misleading claims) was considered relevant.  

RESPONSE

The Respondent submitted that the advertising incorrectly stated that the device was 4GM RAM and the phone is actually 3GB RAM. This error was subsequently corrected by the Respondent as evidenced in the modified advertising submitted to the Directorate.

ASA DIRECTORATE RULING

The ASA Directorate considered the relevant documentation submitted by the respective parties.

The ASA has a long-standing principle which holds that where an advertiser provides an unequivocal undertaking to remove or amend its advertising in a manner that addresses the Complainant’s concerns, that undertaking may, at the discretion of the ASA, be accepted without considering the merits of the matter.

The Respondent has amended its advertising to reflect that the phone is actually 3GB RAM. The Directorate visited the respondent’s website and found this message: "The page you are looking for might have been removed, had its name changed or is temporarily unavailable.”
 
Given the above, the Directorate accepts the Respondent’s submissions as an undertaking. The undertaking is accepted on condition the advertisement is not used again in the format complained against.


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