Complaint regarding misleading advertising

[JessicaU3882]

Name : Natalia Mariani 

Address : Ballykinash, Carrig, Birr Co. Tipperary, R42EY04 

Email Address : mariani.natalia@mail.com 
Phone Number : 0894650274 

Date : 12.09.2024

Customer Support
48 Mobile
Ireland

Subject: Complaint Regarding Deactivation of Internet Service and Misleading Advertising

Dear 48 Customer Support,

I am writing to formally express my dissatisfaction with the recent issues I have encountered with your mobile service. In particular, I have experienced internet deactivation on two separate occasions—first in October 2023, and then again in August 2024. On both occasions, I received a message stating that I had "used up all the data available," and my internet access was cut off.

Initially, I did not give this issue much attention. However, after discussing it with a friend who faced the same problem, I started looking for more information online. Only after consulting ChatGPT was I able to uncover the details about data limits, despite the "unlimited internet" plan being advertised at €12.99 per month.

I believe the lack of clear information provided at the time of my SIM card purchase regarding the actual data limits constitutes misleading advertising. The plan was marketed as offering "unlimited internet," yet I have now learned that there were hidden restrictions.

While I am considering filing a complaint with the Competition and Consumer Protection Commission (ccpc.ie), I was advised to reach out to 48 customer service first. I would like to request a resolution to this issue and clarification of your policies on data usage under the unlimited plan.

How can this situation be resolved? I look forward to your prompt response and further information.

Yours sincerely,
Natalia Mariani 

[dalyer]

(1) First off, it's a really bad idea to post all of your personal details in a public forum like this where anybody can see and use them. You're leaving yourself open to risks like potential identity theft or other harassment/inconvenience by doing this. You should probably consider editing your post to remove the personal details. If you can't do this yourself then you should contact 48 support or report your own post to get them to assist.

(2) Secondly, if you want to make a formal complaint to 48 about something then you should follow the process outlined here:

• https://48.ie/legal/code-of-practice

(3) Thirdly, many mobile providers - not just 48 - advertise "unlimited" plans which, in fact, do have some fair usage policy cap. I complained to ComReg and the ASAI about this arguably misleading advertising years ago but both bodies rejected my complaints so I don't think that you're going to fare any better if you take your complaints to either or both bodies these days.

In fact, ComReg have this to say on the matter:

• https://www.comreg.ie/ga/eolas-tomhaltora/idirlion/contracts/

Fair usage/”Unlimited”

Most service providers operate a fair usage policy, which will be outlined in the terms and conditions of the service.

Complaints about the advertisement of “unlimited” downloads while operating a fair usage policy should be raised with the Advertising Standards Authority for Ireland (ASAI) by the consumer.

Complaints about contractual terms and conditions setting out a fair usage policy without specific usage limits can be raised with ComReg by the consumer.

A number of telephone and broadband packages are described as ‘unlimited’. In this context, the word ‘unlimited’ would normally be taken to mean that a consumer, having agreed to pay a set price, may make as many calls or spend as much time online as h/she wishes.  However, some service contracts qualify the meaning of ‘unlimited’ by stating that it is subject to an ‘acceptable’ or ‘fair’ level of use by the consumer. This is sometimes referred to as a “fair usage policy”.

We advise you that any contract which sets usage thresholds, or describes what constitutes ‘fair’ or ‘acceptable’ use, should be clear and unambiguous, particularly where the service is described as being ‘unlimited’. Usage thresholds or limits should be clearly set out, as should the manner in which they are updated or amended.

Service providers should have a clear and transparent policy for dealing with customer usage above any set thresholds. The policy should set out the rules for contract termination, including penalties, the charges that shall apply for any use above the threshold/limit, and the policy regarding migration of the customer to other packages, if applicable.

We also advise you to carefully read the terms and conditions of your contracts and to be aware of the particular limits or thresholds that apply before purchasing.

(4) Fourthly, since 20th August the 48 €12.99 plan does have truly unlimited data which arguably renders your complain moot going forward:

• https://community.48.ie/t5/The-Newsroom/Exciting-News-48-s-12-99-Plan-Now-Includes-Unlimited-Data/td...

(5) Lastly, if you need to contact 48 about this then see the links in my signature below.