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Home Rulings VODACOM / J7 PRIME PHONE 2 FOR R299 / DAVID PONS / 2018 - 8226F

VODACOM / J7 PRIME PHONE 2 FOR R299 / DAVID PONS / 2018 - 8226F

David Pons lodged a consumer complaint against the Respondent’s website advertising appearing at: www.vodacom.co.za.

The advertising states: "FOR TODAY ONLY!
Take home 2 x Samsung J7 Prime’s today.
Was R449 now R299”

COMPLAINT

The Complainant submitted that the commercial is misleading as nowhere on the front page does it say per month or pm.

RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE

In light of the complaint, the Directorate considered Clauses 4.2.1 (Misleading claims) of Section II to be relevant.


RESPONSE

Ogilvy South Africa responded on behalf of the Respondent and submitted that the Samsung J7 Prime retails for approximately R4500 each. No reasonable consumer would believe that a product that is valued at R9000 will be on offer for R299, and would automatically anticipate that such cost is a monthly cost. This reasonable anticipation is then confirmed once the link is clicked. The omission of the per month statement and duration of such monthly payment, i.e x 24 months, is an obvious error and has been rectified, given that the advertising was a "FOR TODAY ONLY!” offer.


ASA DIRECTORATE RULING

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

Clause 4.2.1 of Section II of the Code states that "Advertisements should not contain any statement or visual presentation which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead the consumer”. 

The Complainant submitted that the advertising is misleading as it did not indicate whether the price of R299 is per month. The Respondent submitted that the omission of "per month” was an error and same was rectified for future advertising.

 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.

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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