The Advertising Standards Authority has upheld a complaint about the www.lycamobile.co.uk web site, which referred to various tariffs as offering ‘unlimited’ calls, text messages and mobile data.
Smaller print then said “Unlimited usage is subject to a fair usage of 3000 minutes/texts/MB per month per SIM. Usage in excess of your fair usage allowance will be charged at standard rates.”
Lycamobile UK said the offers were clear, legible and unambiguous. It also said a fair use policy was common in the telecommunications industry, which meant consumers would be aware that ‘unlimited’ elements of a package would be subject to such a restriction'.
In upholding the complaint, the ASA considered that ‘unlimited’ would lead consumers to expect services without undue restrictions. It noted that 2.72% of Lycamobile users had reached their allotted restrictions and been charged for additional usage. As a result, it considered the service could not be described as ‘unlimited’.
The ASA has ruled that the ad must not appear again in its current form. Lycamobile has been told not to make ‘unlimited’ claims if additional charges apply when a fair usage policy threshold is reached.