BSkyB-owned BE slams into traffic pile-up over 'unlimited' broadband lie ? The Register
The ad regulator disagreed with BE's argument and upheld the complaints. It said:
The ASA considered that the claim 'unlimited' would be interpreted by readers to mean that they would be able to use the service to download and upload as much data as they wished at any time without limit or penalty.
We understood, however, that users on congested exchanges using more than 150 GB in a month would be contacted and asked to reduce their usage in peak hours or face having their service suspended; we noted two users had left BE after being contacted about the FUP and that a significant number had been warned to change their usage behaviour.
We therefore considered that, although it affected only a small proportion of customers, the service was restricted for those using more than 150 GB in a month on some exchanges and was therefore not unlimited. As a result, we concluded that the claim 'unlimited' was misleading.
The ASA considered that the claim 'unlimited' would be interpreted by readers to mean that they would be able to use the service to download and upload as much data as they wished at any time without limit or penalty.
We understood, however, that users on congested exchanges using more than 150 GB in a month would be contacted and asked to reduce their usage in peak hours or face having their service suspended; we noted two users had left BE after being contacted about the FUP and that a significant number had been warned to change their usage behaviour.
We therefore considered that, although it affected only a small proportion of customers, the service was restricted for those using more than 150 GB in a month on some exchanges and was therefore not unlimited. As a result, we concluded that the claim 'unlimited' was misleading.
Comment