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Home Rulings VODACOM / SAMSUNG S9 FREE 1GB / PAM TAYLOR / 2018 – 7758F

VODACOM / SAMSUNG S9 FREE 1GB / PAM TAYLOR / 2018 – 7758F

Mrs Taylor lodged a consumer complaint against the Respondent’s in-store pamphlet promoting various Smart Deals. 

The pamphlet reads as follows:

 "Additional 1GB Data PMX24 on these Smart Deals”

COMPLAINT

The Complainant submitted that the advertising is misleading as the Respondent charged her R74 as an extra monthly cost for the 1GB. The Complainant argued that the advertising should state that the 1GB is included but at an additional cost. She demanded that the respondent should amend the advertising to less misleading. 

RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE

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


RESPONSE

Ogilvy, on behalf of the Respondent, submitted that the advertisement is correct and confirmed that the Complainant should not have been charged for the additional 1GB. The error was made at the store. The Respondent undertook to engage with the Complainant to rectify the billing error.


ASA DIRECTORATE RULING

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

The Directorate contacted the Complainant regarding the Respondent’s offer to engage with her directly in sorting out the billing error and the Complainant submitted that "it appears that the store is the problem”.

From the above, it appears that the advertising is correct and the extra charge of R74 was in consequence of an error that occurred at store level.    

Under the circumstances, it is the Directorate’s view that the Respondent’s advertising is not in breach of Clause 4.2.1 of Section of the Code as alleged by the Complainant.

The complaint is dismissed.


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