Advertising for 'free' ringtones considered misleading
The Dutch Advertising Code Committee (Reclame Code Commissie, RCC) has upheld six complaints submitted by the Dutch Consumer Authority (Consumentenautoriteit) against ringtone providers last year. The complaints relate to Internet advertisements for 'free' ringtones, which actually concern paid subscriptions. Some of the advertisements have been placed on sites specifically aimed at children.
On the basis of the Dutch Advertising Code (Nederlandse Reclamecode) and the Code for Advertising directed at Children and Young People (Kinder- en Jeugd Reclamecode), the Advertising Code Committee ruled that all the advertisements in question should be considered misleading because:
- they wrongfully suggest that the ringtones are 'free', whereas the consumer turns out to be committed to a paid subscription. The statement 'free' is often featured prominently in large letters in the banner, while the fact that it concerns a paid subscription is stated in tiny, grey letters at the bottom of the page, which can only be seen by scrolling down.
- because it is not clear on children's websites that this concerns an advertisement.
The advertisements to which these rulings apply have since been modified.
Marije Hulshof, director of the Dutch Consumer Authority: "In 2008, we want to ensure that providers of SMS services refrain from placing misleading advertisements that lead consumers - and especially children - to unintentionally enter into agreements for SMS services. This ruling is an important reminder to ringtone providers that this form of advertising is unacceptable. If we see this type of advertising again, we will not hesitate to involve the RCC and we will take action if the decisions of the RCC are not observed. We are also investigating compliance with rules for Internet sales by SMS service providers, and we can impose fines for violations in this respect. The Consumer Authority and the Independent Post and Telecommunications Authority (OPTA) are also closely following the progress of the amendment of the code of conduct for SMS services."
One provider has already filed an appeal against the ruling, while the appeal period for two other rulings is still open.
Consumers can find more information at ConsuWijzer: