The ASA upheld complaints from two consumers who were charged
after accepting an online offer from Boltblue International Ltd for
free ringtones or graphics. The customers complained that the
online promotion did not make it clear that they had to join a
subscription service in order to access the free downloads.
According to the ASA, the ad contained text inside a red button
in the top left corner of the web page referring to "free ringtone,
wallpaper or logo". In the centre of the page was a rectangular
text box stating, "Get your FREE mobile content here. Choose any
tone, wallpaper, logo or picture message ... First download FREE,
then select up to 6 content items and send up to 60 SMS for
300p."
Finally, next to a window in the middle of the text box, the ad
urged, "Just enter your mobile number".
Boltblue told the watchdog that the promotion had been amended
to add an asterisk to the word “Free”, leading to an explanation
that customers had to join the subscription service in order to
receive the free download.
This, said Boltblue, was in line with a new code of practice
introduced by the UK’s mobile phone operators in August.
In particular, the code requires that advertisers prominently
display a standard message that includes details of service charges
and billing frequency within any form of advertising for a
subscription text service.
This code was agreed in the wake of numerous complaints from
consumers who had responded to adverts without realising the ads
were for a subscription service – leading to a nasty surprise when
they received their mobile bills.
The issue was highlighted during the summer by complaints over
the Crazy Frog ringtone, which many consumers bought at a cost of
what they thought was £3, only to find that they had unwittingly
signed up for a subscription service costing £3 per week.
The ASA welcomed Boltblue’s amendment, but held that the
original advert was misleading and breached the Committee of
Advertising Practice (CAP) Code. The firm was warned to seek help
from the CAP Copy Advice team in future.
