The promotion, which ran in the UK national press, stated: "Get Skype on your
home phone! Make Skype calls using your home phone! Enjoy the benefits of making
and receiving free Skype calls worldwide and landline calls from your everyday
phone."
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However, BT objected to the 'VoSKY internet phone wizard' advert on the
grounds that it did not make it clear that users needed a broadband connection,
and that the service was only free if a user had an unmetered internet service.
VoSKY said in its defence
that the depletion of a user's internet allowance applied only to the "limited
number of users" who had a capped service.
The ASA disagreed, however. "A significant number of ISPs offer capped
services, with an average minimum allowance of about 2GB per month," it said.
"We understood from
Ofcom that an allowance
of that size could be depleted by a combination of internet browsing and making
Skype calls."
The ASA decided that the advert breached the
CAP Code on areas
covering 'substantiation', 'truthfulness' and 'free offers'.
VoSKY also lost the ruling on the secondary claim that it had not made it
clear to consumers that they needed a broadband connection.
VoSKY claimed that Skype calls could be made on dial-up, broadband, ISDN, T1
or any other "stable internet connection".
"We nevertheless understood from the Skype website and by calling the number
quoted on the leaflet that a broadband internet connection was required," said
the ASA ruling.
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