[Gary L]

Upheld
The ASA understood that VM's traffic management policy would affect only the heaviest users at peak hours and that only then after an abnormal amount of material had been downloaded such that other users' performance was affected. We noted at no point would the amount of content they could download be restricted, only that after a maximum threshold value had been reached, those users' speeds would be affected. We, therefore, considered that the "unlimited" claim was acceptable, provided it was appropriately qualified.

We recognised that the small print text stated "Acceptable Use Policy applies" and that VM were willing to add to the small print to clarify that a traffic management policy was in place. We noted, however, the small print attached to the mailing was fairly lengthy, for very valid reasons, and the existing disclaimer was not, therefore, immediately noticeable.

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