Last week Iliad was accused by Wind Tre of misleading advertising and theInstitute for Advertising Self-discipline had decreed the violation of articles 2 and 4 of the Self-Discipline Code. And a few days later, the situation repeats itself, but with roles reversed.
And this was the decision of the IAP towards WindTre or rather the Tre branded operator which in the offer Choose Three would have violated Article 2 itself*.
This is the commercial promotion reported by Iliad:
“Choose Three. The new iPhone 11 is yours with no down payment.” “With Three, you get the new iPhone 11 with no down payment.”
This is the decision of the Institute with the pronouncement n. 62bis/2019 of 17/12/2019:
The Jury, having examined the documents and heard the parties, declares that the commercial communication examined is in conflict with
art. 2 CA, limited to the failure to indicate the excluded model and within these limits orders its cessation.
According to Iliad, in fact, several pieces of information were missing from the commercial communication, making the misleading message: no reference to the model type iPhone 11, there is no mention of the need for financing, and the rates that are activated upon purchase (ALL-IN or FREE) are not indicated.
Tre's page has already been modified based on Iliad's complaint, now indicating the contractual conditions more explicitly and clearly.
* Art. 2 – Misleading commercial communication – Commercial communications must avoid any statement or representation that is likely to mislead consumers, including through omissions, ambiguities, or non-obviously hyperbolic exaggerations, especially regarding the product's characteristics and effects, price, free availability, conditions of sale, distribution, the identity of the persons represented, prizes, or awards.
In assessing the deceptiveness of commercial communication, the average consumer of the reference group is taken as a parameter.
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