ADVERTISEMENT OFFERING “10 FREE TEXT MESSAGES” BLOCKED AS PRECAUTIONARY MEASURE
PRESS RELEASE
PRESS RELEASE
TELEPHONY: ANTITRUST AUTHORITY SUSPENDS AS A PRECAUTIONARY MEASURE ZERO9'S ADVERTISEMENT “SEND 10 TEXT MESSAGES FREE”
Investigation opened into possible improper commercial practices: consumers found themselves with a subscription to fee services without knowing the costs involved
The Italian Competition Authority, at its meeting on 2 April 2008, decided to protect consumers by immediately suspending the advertisement for ‘10 free text messages’ which was published on Zero9's website.
In the Authority's view, this advertisement, despite the changes made by the company subsequent to the start of proceedings, gives the impression it is possible to send 10 free SMS messages whereas in reality it is proposing a subscription to a service providing ring tones, logos and other products for cellular phones; by simply entering one's mobile phone number on Zero9's website, one signs up for the service and receives an SMS with the relevant access codes. In this way, users find themselves committed to downloading a set of items of their choice within a predetermined period, the cost of Euro 5 per week being automatically deducted from their telephone credit. The amount of Euro 5 which, besides, is only the price of the weekly subscription, is shown in very small characters. Additional costs for sending text messages to special numbers and for traffic generated by the download of items from the internet are only to be found in the Info and Costs section to which the advertisement provides a link.
Furthermore, the site does not clearly indicate how to cancel the subscription and stop the automatic sending of ring tones. This subscription method could also allow requests for activation of the service to be sent by persons who are not the true owners of the phone, simply by entering the mobile number of a third party in the space provided on the site.
The Authority deemed that there existed a risk of harm to consumers finding this offer on the internet, including adolescents who are the main users of this type of service for cellular phones.
Rome, 9 April 2008