Virgin Media DM advert banned by ASA.
 

http://www.brandrepublic.com/News/89...ia-banned-ASA/

I hope this is a small move to force ISPs to be more transparent in their adverts.


I'm not sure if this post is in the right section so could a Mod move it to a more appropriate area if necessary.

Re: Virgin Media DM advert banned by ASA.
 

Ho hum, another day, another ASA ruling against Virgin Media ... who exactly is running their marketing department? He/she is a disgrace.

Re: Virgin Media DM advert banned by ASA.
 

good, serves them right for advertising falsely

yeah right a "small percent", more like 90% lol

Re: Virgin Media DM advert banned by ASA.
 

I am not sure it would be 90% remember Virgin have a few million customer and I bet not even half of them actually use there connection for downloading, or to its fullest.

Re: Virgin Media DM advert banned by ASA.
 

i pulled Virgin Media up on an advert before christmas and was told by a woman that all their adverts are passed by the ASA before they r run.... A few weeks later i read that the ASA had ruled against the same advert i had questioned lol.

Re: Virgin Media DM advert banned by ASA.
 

What you mean is you phoned up Customer Services - who are not involved in the Marketing, clearance or anything else and asked them about something they don't deal with?

Re: Virgin Media DM advert banned by ASA.
 

Now now Ben that would be smart thing to do ring a companies department and ask them questions about thing they don't deal with lol

Re: Virgin Media DM advert banned by ASA.
 

he wasnt saying 90% of people would attempt to use the "unlimited" connecton. He was saying 90% of people would wrongly beleave that the service was truly unlimited from seeing the advert...

Virgin (UNLIMITED) and ASA again.
 

http://www.asa.org.uk/asa/adjudicati..._ADJ_46135.htm

Re: Virgin Media DM advert banned by ASA.
 

I know! Perish the thought that the general first point of customer contact could have said that they don't know and supplied alternative contact details or offered to put the query to someone who could answer.

Much more sensible to make things up and get the customer off the line.

Re: Virgin Media DM advert banned by ASA.
 

@Gary L

So that says is if Virgin make the Traffic Managment policy cleared (And bigger) on adverts they can carry on using the term 'unlimited'

Re: Virgin Media DM advert banned by ASA.
 

Yep. looks like they can't keep it as much of a secret as they were before :)


We welcomed VM's willingness to add to the small print to clarify that a traffic management policy was in place and asked them to make clear the peak hours when it applied.

The part that annoys me is
In addition, they understood from a previous ASA adjudication that, if a data limit was imposed by a provider, but only a small number of customers exceeded the data limit, it remained acceptable to use an "unlimited" claim. They explained that only a small proportion of VM customers, whose usage was unusually large, were affected by the traffic management policy

That 5% they claim is stopping any action from being taken against them in regards to them using the term Unlimited.

Re: Virgin Media DM advert banned by ASA.
 

this would be a air tight get out of your contract before the 12 mouths are up

ie took contract out after seeing banned add

Re: Virgin Media DM advert banned by ASA.
 

What the hell is an abnormal amount.

The service was set up to provide 2M/10M/20M/50M which is then PAID for.

If virgins infrastructure cannot handle this or they are profit grabing by artificially reducing services then this should be pointed out .

A tv show - 5 apple HD movie trailers and you're already over the STM limit
on a 10M connection.

Its pitiful and i cant understand why its not illegal Virgin can get away with this.

And then advertise an unlimited service in any form.

Re: Virgin Media DM advert banned by ASA.
 

It could be.
I think what they're saying is that the 'Acceptable Use Policy applies' is a standard phrase used by many companies, and as such the consumer doesn't see it as a big deal, and probably wouldn't think that Traffic management was involved and was a part of this 'clause'

another thing is that the ASA think that only the heaviest of users get hit, and after downloading an 'abnormal' amount of data. but in actual fact we could all get hit one after the other. it's a never ending cycle.

Re: Virgin Media DM advert banned by ASA.
 

They are just clever with their wording, technically it is unlimited but not at the guaranteed speeds :monkey:, And do be fair to them - I would have done the same and have STM limits if I was the guy who makes these rules.

Re: Virgin Media DM advert banned by ASA.
 

I've been told that it's only because their claim that only 5% of us are affected is what keeps it 'legal' the truth is it could be a lot more than the published figure, each and every day.

Re: Virgin Media DM advert banned by ASA.
 

IT would be guarantied remember this is not the first advert they been slapped for

ASA think that only the heaviest of users get hit, but in actual fact we could all get hit one after the other. it's a never ending cycle.

spot one with that m8


remember under the civil disclosure rules you could force em to hand over the proof they that its only the heavy users that get it.

no way out for em hand over paperwork they lose don't hand it over they lose

plus on the balance of provability the numbers just don't add up :D:D:D

Re: Virgin Media DM advert banned by ASA.
 

And where is your proof on that?

Re: Virgin Media DM advert banned by ASA.
 

Virgin need to provide concrete proof that it is definitely the top 5% of users that get throttled, and they need to do it quick. Too often they get away with bull's excrement in adverts, their network is not fibre optic as they claim it to be (fibre to the exchange / headend maybe, fibre to the cabinet probably not), their throttling is not mentioned clearly on their adverts, and you try reading the small-print on a 20ft billboard - takes the urine, that does!

Re: Virgin Media DM advert banned by ASA.
 

I don't have any Mr Virgin Media :D

Re: Virgin Media DM advert banned by ASA.
 

What civil discolsure rules?

Re: Virgin Media DM advert banned by ASA.
 

Think the word was 'could' that you used Gary, it could affect more than 5% - you can't really prove a possible outcome else you'd be saying 'would' :)

On the other hand the 5% is the number that Virgin give to the ASA and Ofcom so I would assume there is proof that it's below 5%, if there isn't it would cause issues.

Re: Virgin Media DM advert banned by ASA.
 

I know. I was hoping to point that out to him when he came back. but he didn't :)

Re: Virgin Media DM advert banned by ASA.
 

yeah more like 90% to keep costs down, that is the point i was making in my original posts, they STM everyone anyway regardless of how much you download.

Re: Virgin Media DM advert banned by ASA.
 

Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the --------, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

blar blar

try here http://www.opsi.gov.uk/si/si1998/19983132.htm

try reading PART 31

Disclosure And Inspection Of Documents

Re: Virgin Media DM advert banned by ASA.
 

But that would only be disclosed to the person involved in the court case - to the court only

Re: Virgin Media DM advert banned by ASA.
 

what you talking about ?



"to the court only"
where on earth did you get that from
if you don't understand the act when you read it, best get someone too explain it to you.

you don't seem to have any understanding of civil law or procedure do you ?

you cant be as slow as your pretending to be. can you ?

disclosure rules apply to both party's in a civil case be it the Plaintiff or defendant.

if your were a defendant you could require them to hand it over
also if your were plaintiff you could

if they sue you and your the defendant they lose cant and prove there case

if your suing them they lose on balance of probability as the numbers wont add up remember the burden of prof in civil court in not beyond all reasonable doubt. its on the balance of probability

and there claim of 5% and a simple maths proves there blowing smoke with that claim

if they cant back it up with hard evidence they have lost
if it walks like a duck quacks like a duck chances are its a duck.

Re: Virgin Media DM advert banned by ASA.
 

Yes well aware you could ask them to hand it over. So you saying once they did you would then post them online?

Post internal VM documents using in legal proceedings to a 3rd party website?

Re: Virgin Media DM advert banned by ASA.
 

I'm always amazed at the number of lawyers and barristers that appear to participate in these threads.... :)

Re: Virgin Media DM advert banned by ASA.
 

thats a different matter all together.

but to answer your question yes I would strait after the court case

yea they could take me back to court for that but I don't give a monkeys

as have no visible assets and they cant do too me

so they could get wast there money and get as many court orders and ccj`s as they like, as I couldn't give a --------

but hey that's just me

Re: Virgin Media DM advert banned by ASA.
 

Of course they could just sue you for the money you had just won off them (if you won) or ask the court to rule that they didn't have to pay it

---------- Post added at 15:40 ---------- Previous post was at 15:38 ----------

And if you didn't win posting the documents would just back up what Virgin had said

Re: Virgin Media DM advert banned by ASA.
 

like i said id wait till they payed

then post court can then rule what it likes they wouldn't get it.

Re: Virgin Media DM advert banned by ASA.
 

In the ASA judgement, the original complaint was that Virgin imposed a speed capping restriction between 4pm and 9pm each day. and they say in the summing up about peak hours.

The ASA don't actually know that the 'peak hours' are practically all day.
from 10am to 9pm. that's more than double what they might think it is.