Description:
The advertisement promoted a data plan at a specific price available for a limited time.
Complaint:
The complainant claimed the advertisement misrepresented their opportunity to purchase the product, as advertised, claiming that it was a bait and switch because the advertiser refused to honour the promotional offer when the complainant contacted them to inquire about it.
Response:
In its response to Council, the advertiser advised that as a result of an inadvertent error, the online advertisement was not removed once the time limited offer was no longer in market. The advertiser also confirmed that the advertisement has since been permanently removed.
Decision:
Council appreciated the advertiser’s response, and considered the complaint together with the advertiser’s submission.
Given that the Code violation was obvious, and that the advertiser acknowledged there was a mistake with the advertisement at issue and confirmed that they have removed the erroneous advertisement, Council determined a debate of the complaint’s merits was not necessary and held that there was a violation of Clause 4 of the Code.
