Why do NZ advertisers think it's ok to break the law, online?

Forums › Off topic › Why do NZ advertisers think it's ok to break the law, online?

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#982736 9-Feb-2014 14:29

kenkeniff:
KiwiNZ: The advertisement clearly states terms and conditions apply, it is a condition of sale that it requires a contract, therefore I cannot agree that they are breaking laws.

That buyer beware attitude sort of negates a few centuries worth of development as a civilised society.

Perhaps you'd be happier living in a wild west where you can trust no-one and solve all conflicts based on the size of your balls.

They state t&c's apply, buyers have a duty to themselves and use common sense to check these. They could add all the terms and conditions and display massive ads, I don't want to see that.

kenkeniff

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#982738 9-Feb-2014 14:34

KiwiNZ:
kenkeniff:
KiwiNZ: The advertisement clearly states terms and conditions apply, it is a condition of sale that it requires a contract, therefore I cannot agree that they are breaking laws.

That buyer beware attitude sort of negates a few centuries worth of development as a civilised society.

Perhaps you'd be happier living in a wild west where you can trust no-one and solve all conflicts based on the size of your balls.

They state t&c's apply, buyers have a duty to themselves and use common sense to check these. They could add all the terms and conditions and display massive ads, I don't want to see that.

Except you're wrong; that's why we have ComCom, advertising standards, fair trading etc.

MikeB4

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#982739 9-Feb-2014 14:36

kenkeniff:
KiwiNZ:
kenkeniff:
KiwiNZ: The advertisement clearly states terms and conditions apply, it is a condition of sale that it requires a contract, therefore I cannot agree that they are breaking laws.

That buyer beware attitude sort of negates a few centuries worth of development as a civilised society.

Perhaps you'd be happier living in a wild west where you can trust no-one and solve all conflicts based on the size of your balls.

They state t&c's apply, buyers have a duty to themselves and use common sense to check these. They could add all the terms and conditions and display massive ads, I don't want to see that.

Except you're wrong; that's why we have ComCom, advertising standards, fair trading etc.

What statute are they in breach of?

kenkeniff

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#982741 9-Feb-2014 14:46

KiwiNZ:
kenkeniff:
KiwiNZ:
kenkeniff:
KiwiNZ: The advertisement clearly states terms and conditions apply, it is a condition of sale that it requires a contract, therefore I cannot agree that they are breaking laws.

That buyer beware attitude sort of negates a few centuries worth of development as a civilised society.

Perhaps you'd be happier living in a wild west where you can trust no-one and solve all conflicts based on the size of your balls.

They state t&c's apply, buyers have a duty to themselves and use common sense to check these. They could add all the terms and conditions and display massive ads, I don't want to see that.

Except you're wrong; that's why we have ComCom, advertising standards, fair trading etc.

What statute are they in breach of?

I'm on mobile so I'm not going to be researching exact statues for you. If you're genuinely interested you can look it up yourself as many others that have contributed to this thread understand the laws around this. The question was not "is" but "why"..

MikeB4

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#982743 9-Feb-2014 14:49

kenkeniff:
KiwiNZ:
kenkeniff:
KiwiNZ:
kenkeniff:
KiwiNZ: The advertisement clearly states terms and conditions apply, it is a condition of sale that it requires a contract, therefore I cannot agree that they are breaking laws.

That buyer beware attitude sort of negates a few centuries worth of development as a civilised society.

Perhaps you'd be happier living in a wild west where you can trust no-one and solve all conflicts based on the size of your balls.

They state t&c's apply, buyers have a duty to themselves and use common sense to check these. They could add all the terms and conditions and display massive ads, I don't want to see that.

Except you're wrong; that's why we have ComCom, advertising standards, fair trading etc.

What statute are they in breach of?

I'm on mobile so I'm not going to be researching exact statues for you. If you're genuinely interested you can look it up yourself as many others that have contributed to this thread understand the laws around this. The question was not "is" but "why"..

You may have said why, that does not make it so. I don't believe the "is" has been established.

jeffnz

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#982746 9-Feb-2014 14:55

have to agree with kiwnz, not being a lawyer I may be incorrect but don't see if it is illegal apart from a bit misleading which you may have a case but borderline.

The others you believe know their law how do you know this or is it because they support you, a big difference.

sorry I just don't get it and see it more as a case of sour grapes but as I said I may be totally wrong here

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#982749 9-Feb-2014 15:00

gzt: Nope. Usually a combination of pay per impression + pay per click. No clicks, still get paid for impressions (views).

Only sometimes. Normally it's either one or the other.

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mattwnz

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#982753 9-Feb-2014 15:04

jeffnz: have to agree with kiwnz, not being a lawyer I may be incorrect but don't see if it is illegal apart from a bit misleading which you may have a case but borderline.

The others you believe know their law how do you know this or is it because they support you, a big difference.

sorry I just don't get it and see it more as a case of sour grapes but as I said I may be totally wrong here

You have sort of contradicted yourself. Slightly misleading when it comes to advertising wouldn't be considered legal would it?

Aredwood

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#982754 9-Feb-2014 15:07

Last time I was in Australia on holiday I noticed reading the local newspapers that the adds for internet and cellphones. That when there was a required min contract term, the total payments required were listed in the add.

The add would say "sign up to this fantastic offer of XYZ internet for just $109 per month" and the fine print on the add would say "12month contract applies, your total payments will be $1308.

At least you then know exactly how much it will cost you over the whole term. Without having to find out how long the term runs for and checking how much the min monthly term that qualifies is.

jeffnz

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#982756 9-Feb-2014 15:13

mattwnz:
jeffnz: have to agree with kiwnz, not being a lawyer I may be incorrect but don't see if it is illegal apart from a bit misleading which you may have a case but borderline.

The others you believe know their law how do you know this or is it because they support you, a big difference.

sorry I just don't get it and see it more as a case of sour grapes but as I said I may be totally wrong here

You have sort of contradicted yourself. Slightly misleading when it comes to advertising wouldn't be considered legal would it?

I did say borderline so maybe nitpicking so maybe should have put " could be misleading" .

I always look at those ad's and know that nothing is free its just perception and how marketing people word things but can see others see them for what it is and could just leap in boots and all.

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#982760 9-Feb-2014 15:16

The CC website is emphatic that conditions can't be used to modify the initial message in an ad.

When the FTA came out everyone in Telecom marketing got a booklet explaining it in plain language. Maybe it needs reprinting.

jeffnz

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#982761 9-Feb-2014 15:24

2 degree's offering something similar here although they don't say free.

Actually if you were looking to get a new phone it isn't a bad deal as I see Telecom is doing an S4 for 24 months $99 and $99 up front

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MikeB4

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#982762 9-Feb-2014 15:31

Bung: The CC website is emphatic that conditions can't be used to modify the initial message in an ad.

When the FTA came out everyone in Telecom marketing got a booklet explaining it in plain language. Maybe it needs reprinting.

The T&C's don't alter the offer. The offer is to buy a phone under the terms and conditions and receive a tablet free.

They were either lazy or trying to make the Ad use the least amount of real estate, they imho breached the act.

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#982776 9-Feb-2014 16:01

KiwiNZ:
Bung: The CC website is emphatic that conditions can't be used to modify the initial message in an ad.

When the FTA came out everyone in Telecom marketing got a booklet explaining it in plain language. Maybe it needs reprinting.

The T&C's don't alter the offer. The offer is to buy a phone under the terms and conditions and receive a tablet free.

They were either lazy or trying to make the Ad use the least amount of real estate, they imho breached the act.

Previous companies have been sued for things like this.
I think its misleading as a consumer...

kenkeniff

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#982779 9-Feb-2014 16:10

KiwiNZ:
Bung: The CC website is emphatic that conditions can't be used to modify the initial message in an ad.

When the FTA came out everyone in Telecom marketing got a booklet explaining it in plain language. Maybe it needs reprinting.

The T&C's don't alter the offer. The offer is to buy a phone under the terms and conditions and receive a tablet free.

They were either lazy or trying to make the Ad use the least amount of real estate, they imho breached the act.

"Buy a phone, get a free tab" is a very different offer to "Go on 24 month contract, buy a phone, get a free tab" so yes their T&C's do change it significantly.

The effort required to convince you this practice is 'not ok' will far exceed the benefit anyone from this forum will receive for it so it probably best to agree to disagree and proceed with the thread under the presumption that it would most likely breach NZ regulations.

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