Story image

Complaints board throws out 2degrees carryover data complaint

28 Nov 2016

The Advertising Standards Authority has released the decision made by the Complaints Board over a complaint that 2degrees falsely advertised it was the only mobile provider with rollover data.

An in-store poster advertisement contained, in large white type, that “Only 2degrees gives you Pay Monthly Carryover Data that doesn't disappear every month.” The 2degrees logo appeared in the bottom corner of the advertisement.

According to the ASA, the complainants concern was that the poster stated 2degrees was the only mobile provider with roll over data, when Vodafone also has a roll over plan at the same rate.

However, the Complaints Board determined the advertisement was clearly referring to Pay Monthly plans and did not claim that 2degrees was the only company offering carryover data in all circumstances – only on Pay Monthly plans.

As a result, the Complaints Board ruled to not uphold the complaint.

In determining the result, the Complaints Board had to consider the advertisement with reference to Basic Principle 4 and Rule 2 of the Code of Ethics and Principle 1 of the Code for Comparative Advertising, the ASA says.

“This required the Complaints Board to consider whether the advertisement had been prepared with a due sense of social responsibility to consumers and to society and whether it had been truthfully presented or whether it contained any statement or visual presentation or created an overall impression which directly or by implication, omission, ambiguity or exaggerated claim was misleading or deceptive, was likely to deceive or mislead the consumer, made false and misleading representation, abused the trust of the consumer or exploited his or her lack of experience or knowledge.”

2degrees agreed their advertisement stated that indeed “Only 2degrees gives you Pay Monthly Carryover Data that doesn't disappear every month.”

“The in-store poster describes one of the benefits available on our Pay monthly plans, namely the availability of Carryover Data,” 2degrees says.

“The representation made in the in-Store Poster is true and accurate as 2degreees offers Carryover Data on its Pay Monthly plans and Vodafone, Spark and Skinny do not.

“It is therefore correct that only 2degrees offers this benefit.”

2degrees says the poster makes a “like-for-like” comparison in respect of Pay Monthly benefits.

“It does not claim that we are the only mobile provider that offers carryover data in all circumstances as we are aware that both Skinny and Vodafone offer a carryover data option on certain prepaid plans,” it says.

2degrees says the poster clearly references 'Pay Monthly' and does not make any claims or representations in respect of prepaid services.

Pay Monthly is 2degrees’ brand name for its ‘on account’ plans. According to 2degrees, it is a product distinct from pre-pay.

According to the ASA, 2degrees says the complainant had stated that Vodafone also had a roll over plan at the same rate, but was ‘mistaken’ because Vodafone did not offer roll over data on any of its comparable “on account” plans.

The Complaints Board confirmed that the advertisement clearly referred to Pay Monthly plans, which, it says, the Complainant appeared to have missed.

“The advertisement did not claim that 2degrees was the only company offering carryover data in all circumstances, just on Pay Monthly plans.”

The Complaints Board noted that Vodafone had a pre-pay carryover plan but not a Pay Monthly account plan, and that the roll over in the advertisement “clearly pertained” to the 2degrees Pay Monthly account rather than the prepaid term offered by Vodafone.

The Complaints Board found that the advertisement was not in breach of Basic Principle 4 and Rule 2 of the Code of Ethics, and confirmed that 2degrees was the only provider with data carryover on monthly post-paid plans.

The Complaints Board therefore ruled the complaint was Not Upheld.

Why 'right to repair' legislation could be a new lease on life for broken devices
“These companies are profiting at the expense of our environment and our pocketbooks as we become a throw-away society that discards over 6 million tonnes of electronics every year.”
Kiwis know security is important, but they're not doing much about it
Only 49% of respondents use antivirus software and even fewer – just 19% -  change their passwords regularly.
Instagram: The next big thing in online shopping?
This week Instagram announced a new feature called checkout, which allows users to buy products they find on Instagram.
Apple's AirPods now come with 'Hey Siri' functionality
The new AirPods come with a standard case or a Wireless Charging Case that holds additional charges for more than 24 hours of listening time.
NZ investment funds throw weight against social media giants
A consortium of NZ funds managing assets worth more than $90m are appealing against Facebook, Twitter, and Google following the Christchurch terror attacks.
Poly appoints new A/NZ managing director, Andy Hurt
“We’re excited to be bringing together two established pioneers in audio and video technology to be moving forward and one business – Poly."
Unity and NVIDIA announce real-time ray tracing across industries
For situations that demand maximum photorealism and the highest visual fidelity, ray tracing provides reflections and accurate dynamic computations for global lighting.
NVIDIA announces Jetson Nano: A US$99 tiny, yet mighty AI computer 
“Jetson Nano makes AI more accessible to everyone, and is supported by the same underlying architecture and software that powers the world's supercomputers.”