Ad description
A page on the website www.three.co.uk stated "Ultrafast - Want faster internetting without paying a premium? We love the internet. It's what we've been about since our launch in 2003 and it's what makes our network different. We're here to give more people in more places a better internet experience than any other network. After all, we're the network that was built for this stuff, and we're the one with a mission to keep on improving it. We're the network built for the internet - With 50% of the UK population already having access to our Ultrafast network, our aim is to reach over 80% by the end of March 2013. Being part of our network means you'll be able to enjoy the benefits of even faster browsing, social networking and downloading. We're busy rolling out our Ultrafast network at the moment, and it uses a technology called DC-HSDPA. You may also have heard about a technology called LTE, and this is something we'll be rolling out later this year. To enjoy Ultrafast on Three you'll need an Ultrafast ready device".
Beneath this was a link to a coverage checker, where browsers could find out whether they were able to receive 3's Ultrafast service and a graph showing "Realistic connection speed in MB per second" for "LTE (On its way later this year)", "DC-HSDPA (Rolling out to mast near you)", "HSPA+ (We've got it covered)" and "Older 3G technology". A line was drawn around LTE and DC-HSDPA and text stated "This is Ultrafast Internet".
Issue
A complainant, who believed the ad suggested 3 were able to offer their customers LTE (4G) technology and that 50% of their customers were on it, challenged whether that claim was misleading and could be substantiated, because he understood 3 did not offer 4G coverage at present.
Response
3 believed the ad did not suggest that they were able to offer their customers LTE (4G) technology or that 50% of their customers were on it. They pointed out that the page stated "We're busy rolling out our Ultrafast network at the moment, and it uses a technology called DC-HSDPA. You may also have heard about a technology called LTE, and this is something we'll be rolling out later this year". The glossary of terms which appeared further down explained that "Ultrafast" was a "... catch all term for the latest mobile network technology. It includes DC-HSDPA and LTE" and that DC-HSDPA was "... a relatively new technology which delivers faster internet browsing and download speeds. Over 50% of the UK population has access to our DC-HSDPA network". The glossary referred to LTE as "also known as 4G" and that the coverage checker that the link took readers to stated that LTE was "On its way later this year" and that DC-HSDPA was "Rolling out to a mast near you". For those reasons, they believed the ad made it sufficiently clear that "Ultrafast" was a term which covered DC-HSDPA and LTE that DC-HSDPA was the technology that was being rolled out to their customers; that LTE was 4G; and that, at the time of the ad, 3 did not offer it.
Assessment
Not upheld
The ASA noted that the page made no direct initial reference to the term "4G" but that it stated "We're busy rolling out our Ultrafast network at the moment, and it uses a technology called DC-HSDPA. You may also have heard about a technology called LTE, and this is something we'll be rolling out later this year". We noted that the glossary of terms and coverage checker that appeared further down explained the terms "Ultrafast", DC-HSDPA, LTE and 4G. It described LTE/4G as "On its way later this year" and DC-HSDPA as "Rolling out to a mast near you". We considered that the ad explained what was meant by "Ultrafast" (that it did not equate to 4G) and that it also explained that 4G (LTE) would follow later in 2013 (i.e. that it was not available at the time of the ad). Because of that, we concluded that the ad did not suggest that 3 offered its customers 4G and that it was not misleading.
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), 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation) and 3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product. (Exaggeration) but did not find it in breach.
Action
No further action necessary.
