ASA: T-Mobile not "truly unlimited"

 

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By Nicole Kobie

Posted on 5 Oct 2011 at 08:00

T-Mobile has been banned from calling internet access on its smartphone contracts "truly unlimited".

The Advertising Standards Authority (ASA) told the mobile operator not to run a series of ads promising "truly unlimited" as the service is actually restricted.

T-Mobile argued that its mobile broadband no longer has a fair-use policy limiting the amount of general downloads via browsing, but it admitted it does block customers from "unusual types of internet activity," including tethering, peer-to-peer file sharing or making VoIP calls.

Exclusions to an internet plan advertised as 'truly unlimited' would be contrary to consumers' expectations

"[T-Mobile] did not consider that those types of exclude internet use were significant limitations to the internet service as customers could perform all the usual activities of viewing web pages, streaming video, downloading content and social networking as much as they wanted without limitation," the ASA said.

Strong claim

However, the watchdog disagreed, saying the "truly unlimited" wording was a "very strong claim" - beyond the usual "unlimited" claims used in advertising.

"Because we considered that exclusions to an internet plan advertised as 'truly unlimited' would be contrary to consumers' expectations and because we understood that restrictions had been imposed on the plan, we concluded that the claim was misleading," the watchdog said.

The ban comes a week after the ASA revealed it would be stricter on the use of the word "unlimited" in broadband advertising, banning it from being used in conjunction with a fair-use policy.

While that plan doesn't go into force until next April, the action against T-Mobile suggests the ASA is already tightening up its rulings on the term.