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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628 posts

Ultimate Geek

#982783 9-Feb-2014 16:20

I'm not even saying/sure if this is Telecom's fault (albeit ultimately their responsibility); it may well be some advertising agency using dubious tactics to boost leads to Telecom's site.

That was the purpose of this thread, to perhaps find some commonality between this sorts of advertising tactic that I see popping up every now and then.

Is it genuine ignorance, malice, the use of commissioned agencies or otherwise that resulting in this sort of dubious advertising?

JimmyH

2886 posts

Uber Geek

#982811 9-Feb-2014 16:49

There are rules as to what is allowed. Advertising that is clearly false, misleading or "bait and switch" contravene the rules, and the ComCom can take action. And it does.

Other forms of misleading are allowed - especially if they are clearly "puffery", humour or hyperbole. You would get nowhere if you, for instance, went after Red Bull because you drank a can and hadn't actually grown wings......

kenkeniff

628 posts

Ultimate Geek

#982814 9-Feb-2014 16:57

JimmyH: There are rules as to what is allowed. Advertising that is clearly false, misleading or "bait and switch" contravene the rules, and the ComCom can take action. And it does.

Other forms of misleading are allowed - especially if they are clearly "puffery", humour or hyperbole. You would get nowhere if you, for instance, went after Red Bull because you drank a can and hadn't actually grown wings......

Yea that's the thing, $1049 for an S4 + tab isn't actually an unbelievable offer (albeit not an extraordinary one either).

MikeB4

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#982817 9-Feb-2014 17:00

don't like the offer?........ don't buy it, there is no compulsion.

kenkeniff

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Ultimate Geek

#982819 9-Feb-2014 17:03

KiwiNZ: don't like the offer?........ don't buy it, there is no compulsion.

Troll much?

mattwnz

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#982821 9-Feb-2014 17:09

jeffnz:
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.

Yes, you and and many people on here would do that, however there are a lot of naive people out there, who get sucked in by advertising. In this case, I think the fair way to advertise the deal is to say, get a free ... on a 24 month contract. The contract is the most significant part of the deal IMOH, so is not a minor thing, so I think it really needs to be highlighted in the main advert. You would think that even if they subcontracted out these ads to an advertising company, that they would know better too. There aren't really any grey areas when it comes to advertising, it is either going to be found to be right or wrong.

jeffnz

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#982823 9-Feb-2014 17:20

kenkeniff: I'm not even saying/sure if this is Telecom's fault (albeit ultimately their responsibility); it may well be some advertising agency using dubious tactics to boost leads to Telecom's site.

That was the purpose of this thread, to perhaps find some commonality between this sorts of advertising tactic that I see popping up every now and then.

Is it genuine ignorance, malice, the use of commissioned agencies or otherwise that resulting in this sort of dubious advertising?

don't disagree with all that but would first like to establish if it does break the law not "presume"it does.

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jeffnz

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#982826 9-Feb-2014 17:22

kenkeniff:
KiwiNZ: don't like the offer?........ don't buy it, there is no compulsion.

Troll much?

if people read some of your replies to people that have disagreed with you they may think you are being hypocritical posting that.

Suffice I think the post was unnecessary accept that some may not agree or see things as you do and it dismissing them off hand doesn't mean they can't participate in the discussion.

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Geektastic

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#982830 9-Feb-2014 17:36

TimA: People now understand why i use adblock.

Agreed.

I am actually amazed that there is anyone who does not!

If only there was a TV version....!

jarledb

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#982841 9-Feb-2014 18:27

Geektastic:
TimA: People now understand why i use adblock.

Agreed.

At least you subscribe to Geekzone, good on you!

Geektastic:
If only there was a TV version....!

There is. Its called Netflix, Hulu, AppleTV/iTunesTV etc.

Or piracy if you want to not pay, I guess.

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oxnsox

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#982845 9-Feb-2014 18:32

There are a number of instances of Telco advertising being proven to be misleading. Good on kenken for picking up (potentially) another one. But for it to be proven it must be brought to the attention of the ComCom.

turnin

509 posts

Ultimate Geek
Inactive user

#982927 9-Feb-2014 20:08

The ASA wants this:

http://www.asa.co.nz/pdfs/ASA_Codes.pdf

2. No advertisement should impair public confidence in advertising.

3. No advertisement should be misleading or deceptive or likely to mislead or deceive the consumer.

RULES: 2. Truthful Presentation - Advertisements should not contain any statement or visual presentation or create an overall impression which directly or by implication, omission, ambiguity or exaggerated claim is misleading or deceptive, is likely to deceive or mislead the consumer, makes false and misleading representation, abuses the trust of the consumer or exploits his/her lack of experience or knowledge. (Obvious hyperbole, identifiable as such, is not considered to be misleading).

The ad on the front page of this forum does seem to have omitted the fact that a contract is required to get the "free" phone,

however the ad I find on trademe has not

and their landing page makes it clear also
http://store.telecom.co.nz/mobile/personal/phone-details/samsung-s4-lte-advanced-black-mist/4g/?cid=dis_ao_mob_post_invite_32
so perhaps their mobile version still omits the fact a contract is reqd or..... they have changed their ad.

http://store.telecom.co.nz/mobile/personal/phone-details/samsung-s4-lte-advanced-black-mist/4g/?cid=dis_ao_mob_post_invite_32

jaymz

1133 posts

Uber Geek

#983205 10-Feb-2014 10:40

kenkeniff:
"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.

Aren't you technically buying the phone in the end anyway? It seems to me that this is a bit of a mute point to be making.

I suppose you could argue that they don't state that you can only pay with Cash, eftpos, or credit card and no internet banking on their ad?

When you mention that it is a waste of data cause you are on mobile, it seems to me that you are clutching at straws to validate your initial complaint.

I'm not trying to have a go at you, or start an argument, i just want to add my point in there

kenkeniff

628 posts

Ultimate Geek

#983212 10-Feb-2014 10:55

jaymz:
kenkeniff:
"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.

Aren't you technically buying the phone in the end anyway? It seems to me that this is a bit of a mute point to be making.

I suppose you could argue that they don't state that you can only pay with Cash, eftpos, or credit card and no internet banking on their ad?

When you mention that it is a waste of data cause you are on mobile, it seems to me that you are clutching at straws to validate your initial complaint.

I'm not trying to have a go at you, or start an argument, i just want to add my point in there

Payment methods is a good example 'reasonable terms' the do not change the spirit of the stated offer vs 'unreasonable terms' like needing to sign up to a 24 month contract paying $99 monthly.

Geektastic

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#983412 10-Feb-2014 16:04

jarledb:
Geektastic:
TimA: People now understand why i use adblock.

Agreed.

At least you subscribe to Geekzone, good on you!

Geektastic:
If only there was a TV version....!

There is. Its called Netflix, Hulu, AppleTV/iTunesTV etc.

Or piracy if you want to not pay, I guess.

It would be so much nicer if you could just delete the ads live though!!

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