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.
Quote:
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We considered that the "Unlimited downloads" claim was a significant factor likely to influence consumers' purchasing behaviour and the condition attached to it, a traffic management policy at peak hours, should, therefore, be made apparent. We concluded that the mailing should have included a link to the relevant area of such extensive small print to alert consumers that the "unlimited" claim was subject to conditions for some users. 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.
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