by Thinus Ferreira
MultiChoice has been ordered to stop a misleading advert in which the pay-TV operator claimed that DStv subscribers could pay R100 to upsize their packages - although DStv subscribers with contracts actually don't qualify and just month-to-month customers.
The Advertising Regulatory Board (ARB) that a MultiChoice ad is likely to mislead DStv consumers, that MultiChoice breached a clause in the advertising code of conduct, and ordered MultiChoice to withdraw or amend the its advertising with immediate effect.
A DStv contract customer complained about MultiChoice's upsell advert, who responded to the advert and paid R100, "only to find out like myself that we do not qualify".
"The advert is not transparent enough to explain that those that are under contract or price-lock do not qualify for the promotion" the complainant told the ARB. "Not even once in the advert do they mention that people will be duped and make an immediate payment and not qualify".
MultiChoice denied that the advert was misleading and told the ARB that the "campaign is aimed at exposing lower package subscribers to higher packages by making an upgrade to higher packages, cheaper, for a limited period".
MultiChoice claimed that a consumer "who is in an ongoing relationship with the advertiser would be expected not to limit themselves to the wording of the advertisement but to examine further whether the terms of the ongoing relationship are applicable to the offer or whether the terms and conditions of the offer do include or exclude them".
According to MultiChoice "the subscriber who is on a fixed-term contract for the DStv Compact package pays a monthly subscription fee of R399 a month. The DStv Premium package on contract is R899 per month."
"The difference between applicable fees on these two packages is R500, yet the offer requires the consumer to pay only R100 to upgrade from R399 to R899 package instead of R500."
MultiChoice stated that "A reasonable consumer in the position of the complainant would be expected to consult both the terms and conditions for the offer, as well as terms and conditions for their current package to confirm whether they are eligible to participate".
"Furthermore, the contract packages are already discounted and therefore as a rule and practice they are excluded from the special offers that provide further discounts," MultiChoice said.
The ARB noted that MultiChoice's advertisement "does not make any distinction between the different types of the Access subscribers and the Directorate believes that it is not far-fetched for the complainant to have understood that the wording applies to their subscription as well."
"The Directorate also notes that the unlimited claim 'Add R100 extra to your Access subscription and upsize to Compact' does not clarify that it is only for month-to-month subscribers."
"It is a long-standing principle that one cannot, in the terms and conditions, correct a misleading impression already created in the advertising. In other words, if an advertisement states 'Available to all Access decoder customers' the T&Cs can't then say 'except all the ones on a fixed-term subscription."
