Ad description
Claims on the "offers" page of the website www.vectonemobile.co.uk stated "Only Vectone offers free, unlimited minutes and texts between customers without you having to Top Up. Don't spend any money when you call other Vectone customers ... You now get unlimited free calls and texts to other Vectone customers from the moment you receive your Free SIM".
Issue
The complainant challenged whether the ad was misleading because, at the time he received them, neither of the SIM cards he ordered provided unlimited Vectone to Vectone minutes and texts without him having to top up.
Response
Vectone Mobile (Vectone) stated that all calls and texts between Vectone customers were free without condition and without top up from the beginning of April until 31 August, when the website was changed to reflect the fact that they had decided to stop running the offer.
They said the complainant had ordered free SIM cards on 29 July and 14 August via their website and that he raised a complaint on 7 August in respect of the first of those cards that he was unable to make free of charge calls to other Vectone customers. They said they investigated the complaint and confirmed on 10 August that there was a technical problem, which they resolved. They said they were not aware of any continuing issues with that SIM card, that they had never been made aware of the issue with the complainant's second SIM card and that they were not aware that there had been a broader issue amongst their customer base.
Assessment
Not upheld
The ASA noted that the complainant had brought the matter to our attention because he had been told by call centre staff on 7 August that the free Vectone to Vectone offer had ended, which was why his SIM card did not provide free calls and texts, but that the website had not been updated to reflect that. That information was not correct and his SIM card was subsequently fixed after his complaint was officially logged, at which point he received the free calls and texts until the offer was withdrawn on 31 August. He pointed out that the issue with his second card had not been fixed at the same time, which gave him cause to maintain his complaint on the grounds that neither of his two cards had worked automatically.
We recognised the inconvenience caused to the complainant when his SIM cards did not automatically provide free calls and texts to other Vectone customers, and we appreciated that that had been made worse by the incorrect information he received when originally contacting Vectone about the issue. However, we noted that there did not appear to have been a widespread issue with other customers' SIM cards and that Vectone had rectified the issue with the complainant's first SIM card in a timely manner. Because the SIM card provided free calls and texts from that point until the offer was withdrawn (and removed from the website), we considered that reasonable steps had been taken to avoid causing customers unnecessary disappointment and we concluded that the ad 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 8.2 8.2 Promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment. (Sales promotions), but did not find it in breach.
Action
No further action necessary.
