AGCM

PRESS RELEASE

TV: ANTITRUST SUSPENDS ‘SUPERQUIZ’ COMMERCIAL

Participating to win prizes by answering simple questions but, in reality, registering to pay for downloads of digital content, such as ring tones and logos, at a cost of 24.20 EU per month.  In five years, roughly 9.6 million euros of fines in this sector.

The Antitrust has decided to suspend the David2 company's commercial spot that invites participants to join in a 'superquiz' consisting of extremely easy questions while making an unclear proposal to sign up for mobile phone ring tones and logos at a price of 24.20 EU per month.

The David2 company, fined recently by the Authority for similar conduct, has been given five days to halt its advertising campaign on various national television stations.  In parallel with the discontinuance measure, the Antitrust initiated proceedings to determine whether the practice employed by this company is commercially unfair.

According to the Authority, the spot being aired is potentially misleading to consumers, who are convinced that they are participating in the prize-winning “SuperQuiz" competition by texting the correct answer to a simple question. In reality, the text message subscribes the consumer to a service, known as “allyoucan," for purchasing digital products at a cost of 24.20 EU/month, which is paid through the direct and automatic subtraction of telephone credit from the consumer.

The spot, furthermore, appears to be ambiguous and full of gaps with respect to the potential prizes, the timing of the drawing (deferred to 2013), the number of prizes awarded (extremely few) and the effective ways to participate (also for the response mechanism to a succession of increasingly difficult questions).

This new intervention is consistent with the Antitrust's widespread activities to counteract commercial improprieties linked to the sale of multimedia products.  From 2006 to the present, the Authority has adopted 26 sanction measures for fines totaling roughly 9.6 million EU against major content service providers (in addition to David2 - Zero9, Neomobile, Buongiorno, Zeng, Dada, Flycell, Netsize, Zed and One Italia) and various mobile telephone operators who were deemed to be co-responsible for the improper commercial practices (deceitful and aggressive) that were ascertained.

Rome, 7 September 2012