A consumer has lodged a successful complaint with the Advertising Standards Authority of South Africa (ASA) against MTN because Apple\u2019s iPad with Wi-Fi + Cellular cannot make phone calls.<\/p>\n
MTN\u2019s July 2013 Y\u2019ello Trader booklet promoted Apple\u2019s iPad and iPad mini, which included the specification \u201c16GB Wi-Fi and cellular\u201d specification for the iPad mini.<\/p>\n
One consumer, Thembeka Ngubane, was dismayed to discover that she could not make cellular phone calls on the device.<\/p>\n
Ngubane lodged a complaint with the ASA, saying that that the reference to \u201cWi-Fi and cellular\u201d led her to believe that she would be able to make phone calls from the iPad Mini.<\/p>\n
\u201cMTN have now refused to cancel or substitute the contract, which was signed as a result of misleading advertising,\u201d Ngubane said.<\/p>\n
MTN responded, saying that the reference to \u201cWi-Fi and cellular\u201d comes directly from Apple, who uses this descriptor to indicate devices that are able to connect to the internet using both Wi-Fi and SIM card capabilities.<\/p>\n
An e-mail from the Core Group \u2013 the official distributor for Apple products in South Africa \u2013 explains that \u201c\u2026 the product name must include Wi-Fi & Cellular if the unit can take the SIM card\u201d.<\/p>\n
\u201cThe reason behind using cellular rather than LTE is that some regions are not enabled for LTE technology, therefore Apple have requested that Cellular be used,\u201d Core Group stated.
\nASA ruling<\/p>\n
The ASA was not convinced, saying that the reference to \u201c\u2026 Wi-Fi and cellular\u201d, in the absence of something to clarify what the \u201ccellular\u201d intends to refer to, is ambiguous, and likely to mislead the hypothetical reasonable consumer who is not necessarily technically informed.<\/p>\n
The ASA upheld the complaint, and ordered MTN to withdraw the advertising with immediate effect.<\/p>\n
The fact that the ASA found that an \u201ciPad with Wi-Fi + Cellular\u201d may not be advertised as such will impact all companies selling these devices.<\/p>\n
MTN highlighted that many companies, including Vodacom, Nashua, and Apple use the same description to advertise the iPad with Wi-Fi and Cellular.<\/p>\n
In fact, Apple\u2019s official description of its iPad range with mobile connectivity is \u201cWi-Fi and Cellular\u201d.<\/p>\n
This means that Apple\u2019s own product description can now be seen as misleading advertising in South Africa.<\/p>\n
It is unlikely that Apple will change the name of its iPad and iPad mini products for South Africa, which creates a conundrum for companies advertising these products.<\/p>\n
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