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Originally Posted by BenMcr
From a Virgin advert:
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From the same advert they said
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The waiting is well and truly over when you have Virgin Broadband. This is because our broadband travels through fibre optic cable, unlike all other providers, whose copper wire broadband trickles down telephone lines. This means ours doesn't slow down on its way to your home. No matter where you live
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The ASA said
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the ad did not include a disclaimer in the small print that cable broadband was affected by user volume. Notwithstanding that, we considered that the discrepancy between the headline speed and the actual speeds achieved by 20Mb customers was significant enough to warrant a more detailed disclaimer in the body copy of the ad that speeds could be affected by user volume. We therefore concluded that ad (a) was misleading.
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They said that the ad breached CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness).
and even if we just look at the statement itself where they say that
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Speed of internet connection assumes components working at optimum speed and capacity. Both cable and ADSL broadband are affected by user volume
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That is what Virgin say, not what another ISP is saying. and I said that is all well and good about the speeds can be affected by user volume. but I'm saying not when they intentionally slow the speed. or overload the UBR intentionally.
That isn't a natural occurence, it is manually administered by Virgin.
that isn't covered in the ad. only the natural reasons and instances of why it can be slower than expected.