Cell C to pull 15c/MB advert

·11 Sep 2013

A billboard from Cell C which states “If it costs more than 15c/MB you’re paying too much,” has been ruled as misleading advertising by the Advertising Standards Authority of South Africa (ASA).

The complaint stated that a subscriber recently exceeded his data bundle only to discover that he was being billed 99c/MB.

When he queried this, he said that Cell C informed him that he needed to purchase an additional data bundle on top of the data allowance included in his contract to qualify for the 15c/MB.

Cell C did not dispute this, with its representative, Clear Copy, explaining that the advertisement was a call to action for two groups of people:

Cell C customers not aware of smartdata bundles; and
Subscribers of other networks who are probably paying more than 15c/MB.

Clear Copy told the ASA that Cell C has two types of data charges: a flat 99c/MB rate and a 15c/MB rate available through the operator’s SmartData bundles.

“The billboard draws a comparison between what one would presumably be paying elsewhere – “too much” – as opposed to what Cell C is charging – 15c/MB,” the ASA said.

“The overwhelming impression therefore is that all non-Cell C customers should rethink their data costs, and that excisting Cell C customers are, by default, charged only 15c/MB.”

The ASA pointed out that there is also no mention of having to load an additional SmartData bundle (at an additional cost) to secure the advertised rate.

“The respondent (Cell C) has an obligation to clearly communicate this vital information to customers beyond the nondescript ‘Terms and conditions apply’,” The ASA said.

In its ruling on the matter, the ASA said that the billboard creates a misleading impression by omitting material pricing information, and is ambiguous as a reasonable person would assume that the 15c/MB data price applies to all Cell C’s subscribers.

The ASA instructed Cell C to withdraw the advertising with immediate effect.