Case Number #212

Clauses: Clause 1 (Accuracy and Clarity)

Concerns: Misleading Promotional Offer

Advertiser: Retailer

Region: National

Industry: Telecommunications

Media Type: Advertiser Website

Number of Complaints: 1

Year: 2024

Description:

The ad appearing on the advertiser’s website described an “Unlimited US-Canada calling” plan.

Complaint:

The complainant found the ad misleading as they were told by customer service that any call that the complainant would make when they were in the the US to Canada would incur a roaming fee and was therefore not included in the plan. The complainant was of the view that the claim should be “Unlimited Canada to US calling”.

Response:

Although Ad Standards requested a response from the advertiser, there was no response sent to Council.

Decision:

Council considered the complaint alongside the ad provided by the complainant.

Council members understood that the advertisement was directed at Canadian consumers and that calls from Canada to the United States were unlimited and did not incur roaming fees. However, they found that the use of a dash in the phrase “Unlimited US–Canada calling” implied that unlimited calling was available in both directions. As this was not the case, Council unanimously determined that the claim was misleading, thereby contravening Clause 1(a).

Additionally, a majority of Council members concluded that the omission of information regarding fees for calls from the United States to Canada constituted a relevant detail that was not disclosed, thereby also contravening Clause 1(b).

Infraction:

Clause 1(a) and Clause 1(b)

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