Originally Posted by xxtomasxx
Letter I have written to the ASA... not a happy VM customer
Dear ASA...
I am writing to complain having connected to Vrigin Media and subject to a minimum contract term as a result...
The advertisement uses the term 'UNLIMITED' to highlight a significant benefit, of joining it's ISP's as opposed to its rivals... that being that as a broadband customer, you are not subjected to a fair usage policy that may not be attractive to your usage needs. It was an overriding factor in my choice of this ISP.
That is a good deal and I believe the price to be good too... I connected the service, tweaked my PC to ensure I could reach such a speed and carried out a speed test and I received the speed as promised in the advertisement.
However... an unadvertised 'policy' entitled Traffic Management Policy is limiting my speeds during peak periods of the day to 25% of the promised speed... In my case a 10Mb connection, is limited to just 2.5Mb.
Initially I was not aware of this, I knew that I had troubles with my connection speed, however as an everyday customer, I am not an expert on what a problem may be and so, as you do, I contacted the customer support team and was taken through an array of checks that failed to solve my problem, I was further advised to monitor my speed and that it may be a problem with my PC.
After some time I discovered about Traffic Management Policy, through a website called cable forums. I am aware that I do download considerably, however this was something I had considered when choosing their service as opposed to other available ISPs.
I contacted customer support with my suspicion that in fact it was Virgin Media who had been limiting my speed and after some discussion, It was confirmed to me. I would like to point out, that I find it incredibly sneaky of Virgin Media, in my initial call to not be told what they knew, and I had no idea of. Furthermore, I suspect that it may be a tactic of their support service, to not volunteer this information... especially during the first 30days of service, as I would have had a statutory right to terminate my contract.
As for the advertising, I have read many arguments on the Cable Forum website. I however feel that, if Virgin Media had issues with the amount of data that a user chooses to download, it should have, as other ISPs have done, advertised a fair usage policy. I believe there is a criminal offence entitled “Receiving Goods and services through deception” that is appropriate to their false advertising, as calling a service ‘unlimited’ and then limiting it later on is a way to get customers on board and subject to contract, will have to see out there contracts out until the end.
For periods of a day, I am paying for a 10Mb service and receiving 2.5Mb. If I had chosen a lesser package, I would have paid less. Why am I not being refunded for the time I am having my service limited?? I think that’s undependable and potentially criminal, I certainly have no doubt that the way It was advertised was misleading, with a view to securing valuable business.
In contacting the ASA, I am minded that your role is to protect the consumer from false and misleading advertising. I understand that you have made previous judgement on aspects of Virgin Media policy (BT vs Virgin Media) adjudication. Having read your adjudication, I think the issue I raise is different, in the sense that, I claim that the advertising, carries no warning as to a Traffic Management Policy and that the policy itself, is vague in terms of the criteria of client it applies to, simply stating ‘heavy user’. At least when other ISPs advertise ‘A Fair Use Policy’ you are able as a consumer, identify its criteria with ease. I would also highlight the fraudulent use of the term Unlimited, to bring in customers, who otherwise would have looked elsewhere.
I noted in the forums, as mentioned earlier, that someone pointed out that no other company, would possibly offer a service and the recall part or the majority of the entitlement attached to that service. It’s simply criminal.
I feel the ASA should rule in my favour following examination of this false advertising practice and given the many customers out there who are currently locked into contracts, they didn’t sign up to, receiving services at up to 75% diminished value during times in the evening and the day, with no refund. It should be a judgement of a weight that recognises the appaling advertising that is misleading customers into this money trap and should also send a message to the industry, that such money making endeavours are totally unacceptable to the ASA.
Thankyou
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