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Freeserve must drop “as long as you like” ISP claim

OUT-LAW News, 11/09/2002

Freeserve has been ordered to drop its advertising claim that its dial-up internet users can go onto the internet for “as long as you like” because, as rival BT Openworld pointed out, users can be disconnected after 10 minutes of inactivity or after two hours' continuous use.

The UK’s largest ISP was reported to the Advertising Standards Authority by one of its main rivals, BT Openworld, which objected to a leaflet for the ISP that claimed "... With Freeserve AnyTime, you'll have the freedom to go onto the internet any time of day and night for as long as you like ...".

BT Openworld challenged the claim because Freeserve's terms and conditions stated "... We reserve the right to disconnect you after two hours continuous use and/or after 10 minutes of inactivity during connection".

The Authority considered that the claim "... for as long as you like..." implied customers could access the service for as long as they wanted in any one on-line session. The Authority was concerned that that implication was contradicted by the claim in the terms and conditions and by the existence of network management controls.

Because of that contradiction, the Authority concluded the advertisement was misleading and told the advertisers to remove the words "... for as long as you like."

 

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