Ofom now say:
http://stakeholders.ofcom.org.uk/bin...nse-to-asa.pdf
Quote:
“3. In relation to the use of the term “unlimited” in broadband advertising, we
recommend the following:
• The use of the term unlimited is only permitted where the service in
question has no usage caps through a ‘fair usage policy’ or similar”
They also say:
Quote:
“Ofcom has delegated the function of regulating broadcast advertising to the
Advertising Standards Authority (ASA), but remains responsible for approving
code rules and for deciding what action is appropriate in cases referred to it by
the ASA
The ASA may refer cases of non-compliance to Ofcom if it
considers that there is a case for the imposition of financial sanctions, and Ofcom
will consider such cases.”
So those like Giffgaff, Three, T-mobile. If they want to do All you can eat / Full Monty / Totally unlimited it has to be that, otherwise they are going to get into trouble with both Ofcom and the ASA.
The ASA code now has rules about unlimited, if the ASA has repeated problems with for example T-mobile they will refer the case to Ofcom for sanctions to be imposed on the operator such as big fines, or the forfeit of a period of licence.
Here is what the ASA code states:
Quote:
“
* The term "unlimited" can only be used if the customer incurs no additional charge or suspension of service as a consequence of exceeding a usage threshold associated with a Fair Usage Policy (FUP), a traffic management policy or similar.
* Limitations that do affect the speed or usage of the service must also be moderate only and clearly explained in the advertisement.”
SkyPlatinum - was the speed cap clearly explained on the website or advertisement? if not then the complaint will almost certainly be upheld if you have proof of a cap.
And yes the ASA now deals with claims made on websites too!