Ad description
Claims on www.virginmedia.com for digital TV services stated "HD comes as standard with all our TV packages. Better picture, better sound, no extra cost".
Issue
The complainant challenged whether the claim "HD comes as standard with all our TV packages" was misleading, because he believed that longstanding customers did not receive HD.
Response
Virgin Media Ltd provided a list of their TV packages (M, M+, L, XL) plus the HD channels each package included. They pointed out that "The Legal Stuff" section at the foot of the web page, and the 'How do I get HD TV' tab set out that an HD TV set was required, together with a V HD or TiVo box connected with HDMI cables, to receive the HD channels.
They stated that, since 2006, they had offered their customers an HD box (at that time their V+ HD box) and in March 2010 they launched their V HD box which became their standard entry level box in April 2010. They stated that, since that time they had not provided customers with the option of taking a non-HD box and all new customers received an HD box, either their standard V HD box, a V+ HD box (no longer available as standard) or a TiVo box. In September 2010 they also withdrew their activation fee for HD and subsequently all existing customers with an HD box had HD activated at no extra charge and all new customers' boxes were automatically activated on installation.
They stated that any existing customers with a non-HD box upgrading their services to a Collection (the pre-packaged bundles) would receive a new HD enable box (a TiVo box) or alternatively were able to upgrade to an HD box, either by self or manned installation. They said that existing customers who chose to upgrade their equipment to a V HD or TiVo box would automatically receive the HD channels that were included in their TV tier, although the number of HD channels would depend on which TV tier the customer had chosen.
They also pointed out that the claim appeared on the 'store' section of their website and said that section of the site was focused at selling their products and services to new customers. They considered therefore that the claim "HD comes as standard" was a statement that anyone signing up to their TV services would receive HD as standard and the fact that they had legacy customers who could not receive the HD channels was irrelevant to a claim which was directed at new customers.
They said that the small print and the third tab on the page ("How do I get HD TV?") set out what was required to get the HD channels, and reiterated that those steps were very clearly focused at new customers.
Accordingly, they did not consider the claim "HD comes as standard with all our TV packages" to be misleading, on the basis that HD channels did come as standard with all of their TV packages both for new and existing customers and legacy customers could also obtain them. They recognised that some older customers might not be able to receive those channels due to legacy equipment, but stated that the ad made clear what equipment was required to receive the channels available on their packages.
Assessment
Not upheld
The ASA noted that since September 2010 all new Virgin TV customers received HD channels as a standard part of the Virgin TV package. We understood that many existing customers from before September 2010 had subsequently upgraded their set top box in order to receive the HD channels that were now provided as a standard part of their package, but acknowledged that some longstanding 'legacy' Virgin TV customers did not currently receive HD channels and understood that that was because those customers had signed up to Virgin's TV services before an HD box was offered as standard and had not subsequently upgraded their set top box. We noted that those customers could upgrade to a Collection (the pre-bundled package of TV, broadband and calls) and receive a new HD enabled box or could upgrade to an HD box by self or manned installation.
We understood that the complainant was a legacy customer who did not have access to HD channels as a standard part of his package and maintained that he would be charged a fee to upgrade his set top box in order to obtain any HD channels and therefore considered that the claim "HD comes as standard with all our TV packages" was misleading to those legacy Virgin customers in his circumstances, as their Virgin TV package did not have HD channels.
We noted that the ad did not expressly disclaim that some legacy customers did not currently have HD channels as a standard part of their package or explain what steps those customers would have to go through to get them. However, we understood that the claim appeared in a section of the website designed to sell Virgin products and considered it was therefore predominantly directed at consumers who did not currently have a Virgin TV service and who were interested in either finding out more or in purchasing the service. We also noted there was a separate part of the website directed to "Existing customers". We therefore considered that most consumers would understand that the claim "HD comes as standard with all our TV packages" related to the current TV packages on sale to any new customers, rather than to all existing Virgin customers, including longstanding customers who did not have a Collection or had not upgraded their set top box.
We also noted that existing customers were able to upgrade to a Collection or their set top box and obtain HD channels and understood that, although some additional costs might be incurred, they were not ineligible for a standard TV package which included HD channels.
Because we considered that the claim was aimed at new customers and would be understood to relate to TV packages sold at the current time, and because legacy customers could choose to upgrade their set top box or to a Collection and obtain HD channels as part of that package, similarly to new customers, we concluded that the website claim "HD comes as standard with all our TV packages" was unlikely to mislead.
We investigated the ad under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.9 3.9 Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify. (Qualification), but did not find it in breach.
Action
No further action necessary.
