ASA Adjudication on Hutchison 3G UK Ltd

Ad

A national press ad for a mobile phone package had the headline "Now £25 a month for 750 mins & unlimited texts". Text below stated "our best deal yet" and showed the price of £35 struck through with a line and "Now £25 a month for 750 minutes and unlimited texts". Underneath were images of four mobile phones, including the Nokia N95 silver. Each phone had a textbox over the left-hand corner with the word "Free" inside. Small print at the bottom of the ad stated "Offer available until 15 October 2008 to new approved customers registering on '£35 Texter' (Videotalk 750 with unlimited texts) on an 18 month minimum term contract. Handset limitations may apply".

Issue

The complainant, who had enquired about the offer but was told that the Nokia N95 silver was only available at the price of £35 per month, challenged whether the ad was misleading.

CAP Code (Edition 11)

Response

Hutchison 3G UK Ltd (3) said the Nokia N95 silver was available on the advertised plan at the price of £25 per month. They submitted documentation that they said showed that offer was available with the Nokia N95 silver.

Assessment

Not upheld

The ASA noted 3's response. We also noted that the documentation they provided showed that customers had been able to take up the advertised offer with the Nokia N95 silver. We therefore concluded that the ad was not misleading.

We investigated the ad under CAP Code clauses 7.1 (Truthfulness) and 15.1 (Prices) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)