Virgin hammered over broadband small print

 

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By Barry Collins

Posted on 22 Apr 2009 at 09:51

The advertising watchdog has again rebuked Virgin Media on the thorny issue of "unlimited" broadband downloads.

Virgin advertised "unlimited downloads" for its cable broadband service, prompting one person to complain that Virgin applies download caps during peak hours, which can lead to connection speeds being throttled by as much as 75%.

Virgin's advert stated in the small print that an "acceptable use policy applies" - a caveat the ASA has willingly permitted in the past.

However, the ASA has this time decided that Virgin's small print wasn't comprehensive enough.

"We recognised that the small print text stated 'acceptable use policy applies' and that Virgin Media was willing to add to the small print to clarify that a traffic management policy was in place," the ASA adjudication reads.

"We noted, however, the small print attached to the mailing was fairly lengthy, for very valid reasons, and the existing disclaimer was not, therefore, immediately noticeable."

"We considered that the 'unlimited downloads' claim was a significant factor likely to influence consumers' purchasing behaviour and the condition attached to it, a traffic management policy at peak hours, should, therefore, be made apparent."

"We concluded that the mailing should have included a link to the relevant area of such extensive small print to alert consumers that the 'unlimited' claim was subject to conditions for some users."

In short, the ASA is still happy for broadband providers to sell limited services as "unlimited", as long as they bury the detail in the small print.

It's also yet another black mark against Virgin Media, which has had three complaints upheld against it in 2009 alone. The cable firm has been the subject of ASA adjudications no fewer than 14 times since the start of 2007, and has had a further 21 complaints resolved "informally".

On each occasion a complaint has been upheld, Virgin has faced no greater sanction than being told not to run the advert again.