Login Or Subscribe?
Home Rulings TELKOM / UPGRADE PACAKGE / JENNA MORGAN CRAMER / 2018 - 7856F

TELKOM / UPGRADE PACAKGE / JENNA MORGAN CRAMER / 2018 - 7856F

Ms Cramer lodged a consumer complaint against the Respondent’s email advertising.

The advertisement states, inter alia, the following:

"Thank you for your loyalty to Telkom over the years. Great news! You’re due for an upgrade on xxxxxxxxxx, and we’d like to take this opportunity to introduce you to our amazing Freeme plans”. 

As part of the promotion, one of the deals is stated as follows:

"FREEME Huawei P20 LITE, R299 PM X 24, Price is based on 15% VAT rate*, +Free SIM & Connection, +Free 100 All-Net Minutes PM x 24, +Free 10GB Telkom data PM x 3 Months, +Free WhatsApp, +Free Telkom-to-Telkom calls, +Free Wi-Fi”.

COMPLAINT

The Complainant submitted that the advertisement was misleading as she subscribed to the offer and did not get the 100 All-Net minutes despite her various attempts to resolve the issue with Respondent.

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 circulated to the public contained wrong reference to "+Free 100 All-Net Minutes PM X 24” which is not part of the advertised deals. The Respondent submitted further that an apology sms was sent prior the 23 of May 2018 to Telkom business and consumer customers. An amended email was issued on 30 May 2018 to the Respondent’s business and consumer customers as well.

  

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 submitted that the emailer issued contained wrong information for the advertised deals and same was immediately withdrawn and an updated emailer was issued on 30 May 2018. 

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.


  

Previous Ruling Next Ruling

© 2018 ASA. All rights reservedDeveloped and Maintained by JHNet Web Development